Approaching the Environmental Management Programme...
Transcript of Approaching the Environmental Management Programme...
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STAATSKOERANT 29 JUNIE 2010 No33333 83
49 Approaching the Environmental Management Programme (EMP)
It is necessary to include a Draft EMP in the EIA Report Reference should be made to relevant guidelines in this regard (Refer to Table 7 in this document) The EAP must ensure that the EMP is practical Specialists should be consulted for input into the EMP The EAP should draw on methods that have been proven to be effective in minimising managing and contrOlling environmental impacts If necessary technical experts may need to be consulted (eg engineers) when compiling the EMP The EAP must ensure that all residual impacts are addressed in the EMP Furthermore the EAP must cross-check information to ensure that issues raised in the Scoping process have been addressed in the Impact Assessment and that all impacts are addressed appropriately in the mitigation measures provided in the EMP This is critical to ensure that impacts are avoided or where they cannot be avoided are minimised
The EMP must detail mitigation measures for each environmental impact for
bull Design bull Pre-construction and construction activities Operation bull Rehabilitation and bull Closure (where relevant)
The EMP is an action plan that deals with the measures required to mitigate and manage impacts and will therefore detail
bull The mitigation measures (what needs to be done and how) bull Roles and responsibilities for implementation (by whom actions need to be undertaken) bull Timeframe or programme (by when actions need to be completed or if they are ongoing)
Monitoring requirements must also be detailed in the EMP The following information is required in respect of monitoring
bull Monitoring requirements and methods (what needs to be monitored and how) bull Monitoring roles and responsibilities (who will conduct monitoring or if not known at this stage
how appropriate monitoring services will be obtained) bull Frequency of monitoring I monitoring programme (when to monitor) bull Analysis of monitoring data (what must the monitoring results show or reveal) bull Application of monitoring results (what to change or correct) bull Reporting reqUirements (to whom and how frequently)
It has become common practice when determining the significance of impacts to show a reduction in rating in the after mitigation scenario based on an EMP being the primary mitigation measure Clearly this approach has limitations since it is based on the assumption that the EMP will be effectively implemented and that its content will address all impacts comprehensively The purpose of the draft EMP is to address this issue that is to set out the mitigation measures so that the decision~maker can assess whether these are likely to be effective or not In the event of the proposed development being authorised it will be necessary for the Applicant to ensure that the draft EMP from the EIAR is updated to take account of the conditions in the authorisation
The effectiveness of the EMP as a mitigation tool will largely be determined by its implementation This is particularly true of impacts that require the application of control measures on an ongoing basis For example the potential impacts associated with storing hazardous chemicals on the site
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can only be achieved if the correct procedures for unloading storage and handling of these substances are adhered to all the time Thus the downgrading of the significance of impacts in the EIAR on the basis of the implementation of an operational EMP (or an Environmental Management System such as ISO 14001) must be approached with caution This is due to the fact that the mitigation of impacts associated with the operation of the project is dependent on how effectively the operational EMP or EMS is implemented In general a greater level of confidence can be attached to mitigation measures that involve hard solutions (eg engineering or technological measures) as opposed to soft solutions such as a management system
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5 Assessment of job well done
In this section criteria that can be used by both practitioners and consultants will be provided to assist in detennining whether the EIA process and documents that have been produced meet acceptable professional standards as well as the requirements of the EtA regulations These criteria will be drawn from typical measures of quality and adapted for the purposes of the guideline Aspects such as clarity objectivity and quality of infonnation will be covered
When detennining whether an EIA process has been adequate it is important to bear the purpose of this process in mind which is to
1 Detennine whether and how adverse environmental effects can be avoided or minimized before they occur
2 Provide infonnation to enable environmental factors to be incorporated into decision making
The role of the EAP is to undertake the process in a thorough and objective manner It is not the role of the EAP to actively support the development proposal The EAPs role is first and foremost to ensure that means are found to prevent adverse impacts associated with the project or to at least minimise these if they cannot be avoided In fulfilling this role the EAP must ensure that the requirements of the E IA Regulations are met in all respects
51 Quality assurance criteria
In accordance with principles of best practice the objectives of EIA are as follows (IAIA 1999)120
bull to ensure environmental considerations are explicitly and comprehensively addressed and incorporated into decision-making about development
bull to anticipate the effects of development proposals with a view to avoiding minimising or offsetting Significant adverse impacts and enhancing benefits
bull to ensure that the productivity and capacity of natural systems and ecological processes is protected and maintained and
bull to promote development that is sustainable
With respect to the EIAR it is important that the infonnation is consistent with the terms of reference and the process followed Specific questions to consider are121
bull complete - infonned decision can be made bull suitable - right type of infonnation included bull understandable - easily apprehended by IampAPs decision maker bull reliable - meets established professional and diSCiplinary standards bull defensible risks and impact are qualified as are uncertainties bull actionable provides clear basis for choice and condition setting
120 IAIA in cooperation with Institute of Environmental Assessment (1999) Principles of EIA Best Practice wwwiaiaorg
121 Sadler B (1996) Environmental Assessment in a Changing World Evaluating Practice to Improve Performance (Final Report of the Intemational Study of the Effectiveness of Environmental Assessment) Canadian Environmental Assessment Agency and International Association for Impact Assessment Ottawa Canada
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A checklist of the contents of the EIAR is given in Table 10 This can be used to determine whether all of the relevant information has been provided
TABLE10 Checklist for EIAR contents ITEM
Introduction
Project Description
Altematives
Description of baseline environment
Public participation
Assessment and evaluation of impacts alternatives and mitigation measures
CONTENTS
bull Qualification details of the EAP and Specialists (could be referred to in report and provided in an Appendix)
middot Terms of Reference for the study (this must link to the Scoping Report)
middot Structure of the EIAR (Le a roadmapj
middot Nature type of development
bull Project purpose need and desirability of the proposed activity
middot Objectives or principles applied in the project planning and design if any (eg green building
middot
design waste recycling)
middot Development footprint scale of development
middot Infrastructure and buildings
middot Facilities for storage of waste hazardous substances etc
middot Emissions (air wastewater effluents) and waste types Treatment facilities for wastes emissions and effluent if any
middot bull Project phases and activities (construction operation etc)
middot Maps site layout plans and photographs Revisions made to the project through comments received from IampAPs and specialists
middot Overview of altematives that have been assessed (this must link to the Scoping Report) with an explanation of how they were identified (eg IampAP comments specialist inputs)
middot Key pOints relating to the baseline environment from the Scoping Report highlighting aspects that are relevant to the impact assessment
middot Sensitive environmental features (biophysical and socio-economic)
middot Constraints (eg available natural resources)
middot Social and economic needs requirements (trends pressures)
bull Maps showing environmental characteristics together with sensitivity rating or showing opportunities and constraints
middot Brief description of specialist work undertaken for the purposes of the EIAR (eg field surveys with period undertaken dates etc)
middot New information findings from additional specialist work (Le post Scoping Report)
middot Annexmiddot full Terms of Referencefor speCialist studies in an Appendix
middot Public participation activities
bull Measures taken to resolve conflicts (if relevant)
middot Methods used for dealing with illiteracy (if applicable)
bull Issues and response trail (summarise in report and provide original comments in Annex)
middot Appendix Annex bull List of IampAPs bull Proof of advertisements site notices bull Minutes of meetings and records of discussionscorrespondence
comments made IampAPs
bull Assessment methodologyies applied particularly criteria for evaluating the significance of impacts including the NEMA principles
bull Assumptions uncertainties and gaps in knowiedge and the implications of these
~~L-~~~____~~~~~~~__________~~~~____~________~
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ITEM CONTENTS
Assessment and bull For each issue and altemative identified in Scoping as requiring investigation evaluation of impacts middot Identify the impacts risks and benefits for each phase of the project (ie design construction altematives and operation and where relevant decommissioning and closure) mitigation measures bull Assess the significance of each impact risk and benefit
0 Describe measures that can be used to avoid or minimise impacts and risks and to enhance benefits
0 Evaluate the significance of the each impact and risk assuming these mitigation measures are undertaken (ie after mitigation)
0 Describe the effectiveness of the proposed mitigation measures (eg testing of effectiveness)
bull Assess increase in benefits assuming measures to enhance these are implemented 0 Describe any implications associated with non-alignment between the proposed development
and relevant strategic and spatial plans policies or guidelines 0 Describe cumUlative impacts as relevant to the proposed development
middot Describe links and relationships between impacts and adjust Significance accordingly
bull Describe residual impacts and the likelihood that these could be ured flagsmiddot or fatal flaws (eg a high negative rating after mitigation may be a red flag whereas a low negative would probably not be considered as aured flag)
middot Describe the impacts of the alternatives relative to one another and which is the most appropriate alternative from an environmental impact point of view
i 0 Describe any tradeoffs that would be involved for each alternative where applicable
Draft EMP middot Mitigation measures for each environmental impact for 0 Design 0 Pre-conslruction and construction activities 0 Operation 0 Rehabilitation and
0 Monitoring programme
Summary and middot Summary or synthesis of the impacts and their Significance before and after mitigation This table conclusions should enable comparison of positive and negative implications of the proposed activity and
identified altematives 0 Summary of significance of risks if any 0 Summary of findings in relation to cumulative impacts
middot Summary of irreversible andor residual impacts 0
middot Conclusion that is the opinion of the EAP in respect of
The appropriate altematives 0 Residual andor irreversible impacts considered to be red flags or fatal flaws 0 The extent to which the development proposal meets or deviates from relevant policies plans
and guidelines
middot The extent to which the development proposal meets relevant principles and criteria in each area of sustainability (environmental economic and social)
middot The net gains (benefits) and losses (impacts) associated with the development (Le who and what stands to gain and who or what stands to lose)
middot The effectiveness of proposed mitigation measures to avoid or minimise impacts and enhance benefits
middot Uncertainties gaps and limitations and the implications thereof for decision-makingI
It is important to ensure that the EIAR is written in a clear and succinct manner and every effort should be made to avoid padding the document with unnecessary detail (eg pages and pages of information on legislation)
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52 Legal compliance
Compliance with legal requirements is mandatory and the decision-maker must reject applications that do not comply Furthermore the EAP should ensure that its independence is not compromised Should the competent authority have reason to believe that the EAP managing the application may not be independent in respect of the application it may after affording the EAP an opportunity to make representations regarding his or her independence refuse to accept any further reports or input from the EAP122 The applicant may also be required to Commission an external review by an independent person or to appoint another EAP These will be at the applicants own cost
Applications for authorisation must
bull Be made on the official application forms published by or obtainable from the relevant competent authority
bull Be properly completed and contain the information required in terms of the application form bull Contain the written consent of the landowner for non-linear activities on land owned by a
person other than the applicant bull Contain any prescribed application fees bull Take into account any guideline applicable to the submission of applications bull Fulfil the requirements for public participation as set out in the Regulations or ensure that
exemption is obtained if some of these activities are not undertaken bull Include copies of any representations objections and comments received in connection with the
application bull Include copies of the minutes of any meetings held by the EAP with IampAPs and other role
players which record the views of the participants bull Include any responses by the EAP to those representations objections comments and views bull Include any reports and other documents required in terms of the EIA Regulations bull Provide the content in reports (BAR Scoping Report EIAR) as specified in the Regulations
(Table 10 may assist in respect of the EIAR) and bull Contain a declaration of interest by the EAP on a form provided by the competent authority
122 Regulation 19
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81
References
A Environmental Impact Assessment Guidelines
Integrated Environmental Management - (Department of Environmental Affairs - formerly the Department of Environmental Affairs amp Tourism)
1 DEA T (2002) Screening Integrated Environmental Management Information Series 1 Department of Environmental Affairs Pretoria
2 DEAT (2002) Scoping Integrated Environmental Management Information Series 2 Department of Environmental Affairs Pretoria
3 DEAT (2002) Stakeholder Engagement Integrated Environmental Management Information Series 3 Department of Environmental Affairs Pretoria
4 DEAT (2002) Specialist Studies Integrated Environmental Management Information Series 4 Department of Environmental Affairs Pretoria
5 DEAT (2002) Impact Significance Integrated Environmental Management Information Series 5 Department of Environmental Affairs Pretoria
6 DEAT (2002) Ecological Risk Assessment Integrated Environmental Management Information Series 6 Department of Environmental Affairs Pretoria
7 DEAT (2004) Cumulative Effects Assessment Integrated Environmental Management Information Series 7 Department of Environmental Affairs Pretoria
8 DEAT (2004) Cost Benefit Analysis Integrated Environmental Management Information Series 8 Department of Environmental Affairs Pretoria
9 DEAT (2004) Life Cycle Assessment Integrated Environmental Management Information Series 9 Department of Environmental Affairs ampTourism Pretoria
10 DEAT (2004) Criteria for Determining Alternatives in EIA Integrated Environmental Management Information Series 11 Department of Environmental Affairs amp Tourism Pretoria
11 DEAT (2004) Environmental Management Plans Integrated Environmental Management Information Series 12 Department of Environmental Affairs amp Tourism Pretoria
12 DEAT (2004) Review in EIA Integrated Environmental Management Information Series 12 Department of Environmental Affairs amp Tourism Pretoria
13 DEAT (2004) Environmental Impact Reporting Integrated Environmental Management Information Series 15 Department of Environmental Affairs ampTourism Pretoria
14 DEAT (2007) Strategic Environmental Assessment Guideline Integrated Environmental Guideline Series 4 Department of Environmental Affairs amp Tourism Pretoria
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15 DEAT (May 2006) General Guide to the EIA Regulations (Guideline 3) Department of Environmental Affairs amp Tourism Pretoria
16 DEAT (May 2006) Public participation (Guideline 4) in support of the EIA Regulations Department of Environmental Affairs amp Tourism Pretoria
17 DEAT (June 2006) Assessment of alternatives and impacts (Guideline 5) in support of the EIA Regulations Department of Environmental Affairs ampTourism Pretoria
Draft Guidelines NEMA Environmental Impact Assessment Regulations - Guidelines and Information Document Series (Western Cape Department of Environmental Affairs amp Development Planning)
18 Guideline on the Interpretation of the Listed Activities (November 2006)
19 Guideline on Alternatives (September 2006)
20 Guideline on Exemption Applications (September 2007)
21 Guideline on Appeals (September 2007)
22 Guideline on Public PartiCipation (September 2007)
23 Guideline on Transitional Arrangements (September 2007)
24 Guideline on Need and Desirability (May 2009)
Guidelines for Specialist Involvement in EIA Processes (Provincial Govemment of the Western Cape Department of Environmental Affairs and Development Planning)
25 Brownlie S 2005 Guideline for involving biodiversity specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 C Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
26 Saayrnan I 2005 Guideline for involving hydrogeologists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 D Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
27 Munster F 2005 Guideline for determining the scope of specialist involvement in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 A Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
28 Keatimilwe K and Ashton PJ 2005 Guideline for the review of specialist input in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 B Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
29 Winter S ampBaumann N 2005 Guideline for involving heritage specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 E Republic of South Africa Provincial
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STAATSKOERANT 29 JUNIE 2010 No33333 91
83
Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
30 Oberholzer B 2005 Guideline for involving visual ampaesthetic specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 F Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
31 Van Zyl HW de Wit MP amp Leiman A 2005 Guideline for involving economists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 G Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
B DWAF Water Use Authorisation External Guidelines
32 External Guideline Generic Water Use Authorisation Application Process
33 External Guideline Section 21(c) and (I) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
34 External Guideline Section 21(d) Water Use Authorisation Application Process (Stream Flow Reduction Activities)
C DWAF Water Use Authorisation Internal Guidelines
35 Internal Guideline Generic Water Use Authorisation Application Process
36 Internal Guideline Section 21(a) and (b) Water Use Authorisation Application Process (Taking andor Storing Water)
37 Internal Guideline Section 21(c) and (i) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
38 Internal Guideline Section 21 (e) (f) (g) (h) U Water Use Authorisation Application Process (Waste Discharge Related)
D Other Guidelines
39 Gauteng Mast Construction Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment)
40 Guideline on the Application of the EIA Regulations to Structures associated with Communication Networks (Western Cape Department of Environment and Cultural Affairs and Support Environmental Management Directorate EIA Guidelines Series September 2001)
41 Guidelines for Development on Mountains Hills and Ridges of the Western Cape (Western Cape Department of Environmental Affairs and Development Planning April 2002raquo
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92 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
42 Guidelines for Golf Courses Golf Estates Polo Fields and Polo Estates in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
43 Guidelines for Resort Developments in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
44 Guideline on Biodiversity Offsets (Western Cape Department of Environmental Affairs amp Development Planning Provincial (Draft Edition 2) April 2007)
45 Practical Field Procedure for Identification and Delineation of Wetlands and Riparian Areas First Edition (Department of Water Affairs and Forestry First Edition September 2005)
46 Provincial Urban Edge Guideline (Western Cape Department of Environmental Affairs and Development Planning December 2005)
47 Ralston S and Williams Q CapeNatures Requirements and Recommendations with Respect to Appications for Environmenta Mining Agricuture Water and Planning-Related Authorisations
48 Red List Plant Species Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment) (June 2006)
49 Ridges Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment September 2001 as reviewed and updated in January 2004 and April 2006)
E Other References
50 Gibson RB Hassan S Holtz S Tansey J and Whitelaw G (2005) Sustainability Assessment - criteria processes and applications Earthscan
51 IAIA in cooperation with Institute of Environmental Assessment (1999) Principles of EIA Best Practice wwwiaiaorg
52 Canadian Environmental Assessment Agency 1994) Determining whether a project is likely to have significant adverse effects
53 Sadler B (1996) Environmental Assessment in a Changing World Evaluating Practice to Improve Performance (Final Report of the International Study of the Effectiveness of Environmental Assessment) Canadian Environmental Assessment Agency and International Association for Impact Assessment Ottawa Canada
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Annexes
Annex A Legal Matrix Annex B Checklist of questions to assist scoping of issues Annex C Activities and Impacts Matrix (Linear Development) Annex D Activities and Impacts Matrix (Agri-Industry) Annex E Activities and Impacts Matrix (Energy) Annex F Activities and Impacts Matrix (Large scale property development) Annex G Activities and Impacts Matrix (Social infrastructure)
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Section 2 Principles
assess the possible pollution impacts of a proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and environmental degradation and to rectify environmental damage
and the possible pollution impacts of a
proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and emiornmental degradation and to rectify environmental damage
~ 10f14 Z
9 Cil Cil Cil Cil Cil
Gl IreQuirement of environmental justice when o
infrastructure such as power ltpipelines (Section m
needs must be equHably lJ (section 2(2raquo)and where possible Z
ecosystems and the loss of $ Ibiodiversity must be avoided (Section m z
-I Gl
~ 9 m f8 c c z m 11 o o
lReasonable measures must event pollution and
envrornmental degradation and to rectify environmental damage
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20f14
Organs of state that will probably need to be notified are the municipal planning auttxlrnles the Department of Mineral Resources the Department of Health the Department of Transport the Department of Environmental Affairs the Department of Water Affairs the Department of Science and Technology the National Nuclear Regulator and harnage auttxlrtties
are the municipal plamlng auttxlrnies Department of Agriculture Forestry and
Fisheries (national and provincial) the Department of Transport the Department of Environmental Affairs the Department of Human Settlements the Department of
IEnvironmental Affairs and hernage authorHles
considerations However c needs of people are being by social infrastructure
Idevelooment tt is likely that a greater degree involvement and consultation
be able to be exempt from showing lareas outside tMse zoned for industry given the and desirability as this may already have mor IImHed nature of their Impact on the ascertained environment and the fact that they would
~y be established on land outside the edge H Is possible that an exemption from
public participation requirements may be given
en ~ ~ en A o m ~ z -1 I) CO c C z iii I) o o
z ()
~ t) t)
CO cn
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within the sphere of IIaiolla1 government (For example where the Department of Human Settlements is the applicant and the activity is the bulk
Itransportation of water to supply a new RDP development) In those cases the minister must authorise the activity 24C(2)(d))
are substantially similar lapplications for authorisation under different
the competent authority must enter agreement with the other authority requirements and avoid he deveiopers have chosen to
Deveiopment Faelaquoftation Act for their agrimiddotlndustry activity then the authority must enter Into a written
I wfth the Department of Rurat
Development and Land RelOrm and the Department of Human Settlements
g
z 0
30f14 (i) (i)
1Z (i)
(j) 0 ltm II Zs m Z -i (j) raquo N m ~
sim~ar m I) ()
t c Z m I) 0 I
0
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40f14
63) confidential COmmerCial Information (Sections 64 and 66) information subject to a confidentiality -n~nn
agreement (Section 65) Information which n I may endanger Ine or property 66) information which is privileged
production in legal proceedings (Section 1d research Information (Section 69) does not protect records held by a
body if they contain evidence of SuOStantial norgt-compliance with the law or an imminent and serious public safety or environmental risk and the public interest in
outweighs the potential harm of (Section 70)
I
request the competent Identify any Information and maps
In terms of Section 24(3) of NEMA env~onmental management
Iframework) and any guidelines which the will take into account In (regulation 8(b)(ix)) The could refer the applicant
such as the water reserve and basic supply requirements
that has the potential 10 the decision of the competent must be disclosed on request
information is protected by law various types of information od from disclosure including
information Ipersonal Information (Section 63) (f) Ieet to a confidential commercial information
5ections 64 and 68) information subject to confidentiality agreement (Section 65) ~
which if disclosed may endanger
6 ~
property (Section 66) information is prMeged from production in legat
proceedingS (Section 67) and research m information (Section 69) PAIA does not II
records held by a private body if they raquo evidence of substantial norgt- Z
Icompliance wnh the law or an imminent and -1 public safety or environmentsl risk public Interest In disclosure res 5 the potential harm of disclosure c
I
70) C z iii IJ o o
z l
~ ~
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should hold an environmental imanagement qualifICation and have I management qualification and have Imanagement qualifICation and have experieroe
rierte in conducting EIA processes The experience in conducting EtA processes The in conducting EIA processes The EAP should should have some knowledge of land EAP should have some knowledge of land have some knowfedge of land use planning and
planning and SDFs use planning SDFs and housing policy of the agricultural seclor
(0 Q)
z ~ vgt vgt vgt50 14 vgt vgt
G) Imanagement qualifICation and have o
~ieroe in conducting EIA processes lt EAP must be able to deal with a m
0parallel assassments for the same Zdifferent areas at the same time s
m z -i G)
~ 9 _m IJ (p
c C z m t5 o
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60f 14
must provide information which may affect the decision on whether or not to grant environmental authorisation and ~ so the condnions to be Imposed Including InfOrmationlCOndrons relevant to the crHeria to be taken into account information (listed in regulation 8) Whist to some extent dependent on the prOject this would include informalion regarding the proposed locality and separation distances from neighbouring communHies information regarding whelher SOCial reasons as well as ff measures can be the facilty wijj conslHute a Major Hazard taken 10 mttigale harm to lhe environment will Installation and regarding compliance wHh the be especially relevant for consideration Major Hazard installation regulations under the Availability of services for lhe development Occupational Health and Salety Act Energy and the Impact of those services (ie water
leney shculd be considered Air pollution consumption) wm be relevant waste issues will be parllcularly
(J)
~ ~ (J)
6 m II raquo Z -I
r8 c c z iii I) o o
z o
~ CW CW
10 10
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
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80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
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Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
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84 No 33333 GOVERNMENT GAZETTE 29 JUNE 2010
can only be achieved if the correct procedures for unloading storage and handling of these substances are adhered to all the time Thus the downgrading of the significance of impacts in the EIAR on the basis of the implementation of an operational EMP (or an Environmental Management System such as ISO 14001) must be approached with caution This is due to the fact that the mitigation of impacts associated with the operation of the project is dependent on how effectively the operational EMP or EMS is implemented In general a greater level of confidence can be attached to mitigation measures that involve hard solutions (eg engineering or technological measures) as opposed to soft solutions such as a management system
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STAATSKOERANT 29 JUNIE 2010 No 33333 85
77
5 Assessment of job well done
In this section criteria that can be used by both practitioners and consultants will be provided to assist in detennining whether the EIA process and documents that have been produced meet acceptable professional standards as well as the requirements of the EtA regulations These criteria will be drawn from typical measures of quality and adapted for the purposes of the guideline Aspects such as clarity objectivity and quality of infonnation will be covered
When detennining whether an EIA process has been adequate it is important to bear the purpose of this process in mind which is to
1 Detennine whether and how adverse environmental effects can be avoided or minimized before they occur
2 Provide infonnation to enable environmental factors to be incorporated into decision making
The role of the EAP is to undertake the process in a thorough and objective manner It is not the role of the EAP to actively support the development proposal The EAPs role is first and foremost to ensure that means are found to prevent adverse impacts associated with the project or to at least minimise these if they cannot be avoided In fulfilling this role the EAP must ensure that the requirements of the E IA Regulations are met in all respects
51 Quality assurance criteria
In accordance with principles of best practice the objectives of EIA are as follows (IAIA 1999)120
bull to ensure environmental considerations are explicitly and comprehensively addressed and incorporated into decision-making about development
bull to anticipate the effects of development proposals with a view to avoiding minimising or offsetting Significant adverse impacts and enhancing benefits
bull to ensure that the productivity and capacity of natural systems and ecological processes is protected and maintained and
bull to promote development that is sustainable
With respect to the EIAR it is important that the infonnation is consistent with the terms of reference and the process followed Specific questions to consider are121
bull complete - infonned decision can be made bull suitable - right type of infonnation included bull understandable - easily apprehended by IampAPs decision maker bull reliable - meets established professional and diSCiplinary standards bull defensible risks and impact are qualified as are uncertainties bull actionable provides clear basis for choice and condition setting
120 IAIA in cooperation with Institute of Environmental Assessment (1999) Principles of EIA Best Practice wwwiaiaorg
121 Sadler B (1996) Environmental Assessment in a Changing World Evaluating Practice to Improve Performance (Final Report of the Intemational Study of the Effectiveness of Environmental Assessment) Canadian Environmental Assessment Agency and International Association for Impact Assessment Ottawa Canada
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86 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
78
A checklist of the contents of the EIAR is given in Table 10 This can be used to determine whether all of the relevant information has been provided
TABLE10 Checklist for EIAR contents ITEM
Introduction
Project Description
Altematives
Description of baseline environment
Public participation
Assessment and evaluation of impacts alternatives and mitigation measures
CONTENTS
bull Qualification details of the EAP and Specialists (could be referred to in report and provided in an Appendix)
middot Terms of Reference for the study (this must link to the Scoping Report)
middot Structure of the EIAR (Le a roadmapj
middot Nature type of development
bull Project purpose need and desirability of the proposed activity
middot Objectives or principles applied in the project planning and design if any (eg green building
middot
design waste recycling)
middot Development footprint scale of development
middot Infrastructure and buildings
middot Facilities for storage of waste hazardous substances etc
middot Emissions (air wastewater effluents) and waste types Treatment facilities for wastes emissions and effluent if any
middot bull Project phases and activities (construction operation etc)
middot Maps site layout plans and photographs Revisions made to the project through comments received from IampAPs and specialists
middot Overview of altematives that have been assessed (this must link to the Scoping Report) with an explanation of how they were identified (eg IampAP comments specialist inputs)
middot Key pOints relating to the baseline environment from the Scoping Report highlighting aspects that are relevant to the impact assessment
middot Sensitive environmental features (biophysical and socio-economic)
middot Constraints (eg available natural resources)
middot Social and economic needs requirements (trends pressures)
bull Maps showing environmental characteristics together with sensitivity rating or showing opportunities and constraints
middot Brief description of specialist work undertaken for the purposes of the EIAR (eg field surveys with period undertaken dates etc)
middot New information findings from additional specialist work (Le post Scoping Report)
middot Annexmiddot full Terms of Referencefor speCialist studies in an Appendix
middot Public participation activities
bull Measures taken to resolve conflicts (if relevant)
middot Methods used for dealing with illiteracy (if applicable)
bull Issues and response trail (summarise in report and provide original comments in Annex)
middot Appendix Annex bull List of IampAPs bull Proof of advertisements site notices bull Minutes of meetings and records of discussionscorrespondence
comments made IampAPs
bull Assessment methodologyies applied particularly criteria for evaluating the significance of impacts including the NEMA principles
bull Assumptions uncertainties and gaps in knowiedge and the implications of these
~~L-~~~____~~~~~~~__________~~~~____~________~
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STAATSKOERANT 29 JUNIE 2010 No33333 87
79
ITEM CONTENTS
Assessment and bull For each issue and altemative identified in Scoping as requiring investigation evaluation of impacts middot Identify the impacts risks and benefits for each phase of the project (ie design construction altematives and operation and where relevant decommissioning and closure) mitigation measures bull Assess the significance of each impact risk and benefit
0 Describe measures that can be used to avoid or minimise impacts and risks and to enhance benefits
0 Evaluate the significance of the each impact and risk assuming these mitigation measures are undertaken (ie after mitigation)
0 Describe the effectiveness of the proposed mitigation measures (eg testing of effectiveness)
bull Assess increase in benefits assuming measures to enhance these are implemented 0 Describe any implications associated with non-alignment between the proposed development
and relevant strategic and spatial plans policies or guidelines 0 Describe cumUlative impacts as relevant to the proposed development
middot Describe links and relationships between impacts and adjust Significance accordingly
bull Describe residual impacts and the likelihood that these could be ured flagsmiddot or fatal flaws (eg a high negative rating after mitigation may be a red flag whereas a low negative would probably not be considered as aured flag)
middot Describe the impacts of the alternatives relative to one another and which is the most appropriate alternative from an environmental impact point of view
i 0 Describe any tradeoffs that would be involved for each alternative where applicable
Draft EMP middot Mitigation measures for each environmental impact for 0 Design 0 Pre-conslruction and construction activities 0 Operation 0 Rehabilitation and
0 Monitoring programme
Summary and middot Summary or synthesis of the impacts and their Significance before and after mitigation This table conclusions should enable comparison of positive and negative implications of the proposed activity and
identified altematives 0 Summary of significance of risks if any 0 Summary of findings in relation to cumulative impacts
middot Summary of irreversible andor residual impacts 0
middot Conclusion that is the opinion of the EAP in respect of
The appropriate altematives 0 Residual andor irreversible impacts considered to be red flags or fatal flaws 0 The extent to which the development proposal meets or deviates from relevant policies plans
and guidelines
middot The extent to which the development proposal meets relevant principles and criteria in each area of sustainability (environmental economic and social)
middot The net gains (benefits) and losses (impacts) associated with the development (Le who and what stands to gain and who or what stands to lose)
middot The effectiveness of proposed mitigation measures to avoid or minimise impacts and enhance benefits
middot Uncertainties gaps and limitations and the implications thereof for decision-makingI
It is important to ensure that the EIAR is written in a clear and succinct manner and every effort should be made to avoid padding the document with unnecessary detail (eg pages and pages of information on legislation)
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88 No 33333 GOVERNMENT GAZETTE 29 JUNE 2010
52 Legal compliance
Compliance with legal requirements is mandatory and the decision-maker must reject applications that do not comply Furthermore the EAP should ensure that its independence is not compromised Should the competent authority have reason to believe that the EAP managing the application may not be independent in respect of the application it may after affording the EAP an opportunity to make representations regarding his or her independence refuse to accept any further reports or input from the EAP122 The applicant may also be required to Commission an external review by an independent person or to appoint another EAP These will be at the applicants own cost
Applications for authorisation must
bull Be made on the official application forms published by or obtainable from the relevant competent authority
bull Be properly completed and contain the information required in terms of the application form bull Contain the written consent of the landowner for non-linear activities on land owned by a
person other than the applicant bull Contain any prescribed application fees bull Take into account any guideline applicable to the submission of applications bull Fulfil the requirements for public participation as set out in the Regulations or ensure that
exemption is obtained if some of these activities are not undertaken bull Include copies of any representations objections and comments received in connection with the
application bull Include copies of the minutes of any meetings held by the EAP with IampAPs and other role
players which record the views of the participants bull Include any responses by the EAP to those representations objections comments and views bull Include any reports and other documents required in terms of the EIA Regulations bull Provide the content in reports (BAR Scoping Report EIAR) as specified in the Regulations
(Table 10 may assist in respect of the EIAR) and bull Contain a declaration of interest by the EAP on a form provided by the competent authority
122 Regulation 19
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STAATSKOERANT 29 JUNIE 2010 No33333 89
81
References
A Environmental Impact Assessment Guidelines
Integrated Environmental Management - (Department of Environmental Affairs - formerly the Department of Environmental Affairs amp Tourism)
1 DEA T (2002) Screening Integrated Environmental Management Information Series 1 Department of Environmental Affairs Pretoria
2 DEAT (2002) Scoping Integrated Environmental Management Information Series 2 Department of Environmental Affairs Pretoria
3 DEAT (2002) Stakeholder Engagement Integrated Environmental Management Information Series 3 Department of Environmental Affairs Pretoria
4 DEAT (2002) Specialist Studies Integrated Environmental Management Information Series 4 Department of Environmental Affairs Pretoria
5 DEAT (2002) Impact Significance Integrated Environmental Management Information Series 5 Department of Environmental Affairs Pretoria
6 DEAT (2002) Ecological Risk Assessment Integrated Environmental Management Information Series 6 Department of Environmental Affairs Pretoria
7 DEAT (2004) Cumulative Effects Assessment Integrated Environmental Management Information Series 7 Department of Environmental Affairs Pretoria
8 DEAT (2004) Cost Benefit Analysis Integrated Environmental Management Information Series 8 Department of Environmental Affairs Pretoria
9 DEAT (2004) Life Cycle Assessment Integrated Environmental Management Information Series 9 Department of Environmental Affairs ampTourism Pretoria
10 DEAT (2004) Criteria for Determining Alternatives in EIA Integrated Environmental Management Information Series 11 Department of Environmental Affairs amp Tourism Pretoria
11 DEAT (2004) Environmental Management Plans Integrated Environmental Management Information Series 12 Department of Environmental Affairs amp Tourism Pretoria
12 DEAT (2004) Review in EIA Integrated Environmental Management Information Series 12 Department of Environmental Affairs amp Tourism Pretoria
13 DEAT (2004) Environmental Impact Reporting Integrated Environmental Management Information Series 15 Department of Environmental Affairs ampTourism Pretoria
14 DEAT (2007) Strategic Environmental Assessment Guideline Integrated Environmental Guideline Series 4 Department of Environmental Affairs amp Tourism Pretoria
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90 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
82
15 DEAT (May 2006) General Guide to the EIA Regulations (Guideline 3) Department of Environmental Affairs amp Tourism Pretoria
16 DEAT (May 2006) Public participation (Guideline 4) in support of the EIA Regulations Department of Environmental Affairs amp Tourism Pretoria
17 DEAT (June 2006) Assessment of alternatives and impacts (Guideline 5) in support of the EIA Regulations Department of Environmental Affairs ampTourism Pretoria
Draft Guidelines NEMA Environmental Impact Assessment Regulations - Guidelines and Information Document Series (Western Cape Department of Environmental Affairs amp Development Planning)
18 Guideline on the Interpretation of the Listed Activities (November 2006)
19 Guideline on Alternatives (September 2006)
20 Guideline on Exemption Applications (September 2007)
21 Guideline on Appeals (September 2007)
22 Guideline on Public PartiCipation (September 2007)
23 Guideline on Transitional Arrangements (September 2007)
24 Guideline on Need and Desirability (May 2009)
Guidelines for Specialist Involvement in EIA Processes (Provincial Govemment of the Western Cape Department of Environmental Affairs and Development Planning)
25 Brownlie S 2005 Guideline for involving biodiversity specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 C Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
26 Saayrnan I 2005 Guideline for involving hydrogeologists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 D Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
27 Munster F 2005 Guideline for determining the scope of specialist involvement in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 A Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
28 Keatimilwe K and Ashton PJ 2005 Guideline for the review of specialist input in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 B Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
29 Winter S ampBaumann N 2005 Guideline for involving heritage specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 E Republic of South Africa Provincial
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STAATSKOERANT 29 JUNIE 2010 No33333 91
83
Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
30 Oberholzer B 2005 Guideline for involving visual ampaesthetic specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 F Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
31 Van Zyl HW de Wit MP amp Leiman A 2005 Guideline for involving economists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 G Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
B DWAF Water Use Authorisation External Guidelines
32 External Guideline Generic Water Use Authorisation Application Process
33 External Guideline Section 21(c) and (I) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
34 External Guideline Section 21(d) Water Use Authorisation Application Process (Stream Flow Reduction Activities)
C DWAF Water Use Authorisation Internal Guidelines
35 Internal Guideline Generic Water Use Authorisation Application Process
36 Internal Guideline Section 21(a) and (b) Water Use Authorisation Application Process (Taking andor Storing Water)
37 Internal Guideline Section 21(c) and (i) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
38 Internal Guideline Section 21 (e) (f) (g) (h) U Water Use Authorisation Application Process (Waste Discharge Related)
D Other Guidelines
39 Gauteng Mast Construction Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment)
40 Guideline on the Application of the EIA Regulations to Structures associated with Communication Networks (Western Cape Department of Environment and Cultural Affairs and Support Environmental Management Directorate EIA Guidelines Series September 2001)
41 Guidelines for Development on Mountains Hills and Ridges of the Western Cape (Western Cape Department of Environmental Affairs and Development Planning April 2002raquo
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84
92 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
42 Guidelines for Golf Courses Golf Estates Polo Fields and Polo Estates in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
43 Guidelines for Resort Developments in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
44 Guideline on Biodiversity Offsets (Western Cape Department of Environmental Affairs amp Development Planning Provincial (Draft Edition 2) April 2007)
45 Practical Field Procedure for Identification and Delineation of Wetlands and Riparian Areas First Edition (Department of Water Affairs and Forestry First Edition September 2005)
46 Provincial Urban Edge Guideline (Western Cape Department of Environmental Affairs and Development Planning December 2005)
47 Ralston S and Williams Q CapeNatures Requirements and Recommendations with Respect to Appications for Environmenta Mining Agricuture Water and Planning-Related Authorisations
48 Red List Plant Species Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment) (June 2006)
49 Ridges Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment September 2001 as reviewed and updated in January 2004 and April 2006)
E Other References
50 Gibson RB Hassan S Holtz S Tansey J and Whitelaw G (2005) Sustainability Assessment - criteria processes and applications Earthscan
51 IAIA in cooperation with Institute of Environmental Assessment (1999) Principles of EIA Best Practice wwwiaiaorg
52 Canadian Environmental Assessment Agency 1994) Determining whether a project is likely to have significant adverse effects
53 Sadler B (1996) Environmental Assessment in a Changing World Evaluating Practice to Improve Performance (Final Report of the International Study of the Effectiveness of Environmental Assessment) Canadian Environmental Assessment Agency and International Association for Impact Assessment Ottawa Canada
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STAATSKOERANT 29 JUNIE 2010 NO33333 93
85
Annexes
Annex A Legal Matrix Annex B Checklist of questions to assist scoping of issues Annex C Activities and Impacts Matrix (Linear Development) Annex D Activities and Impacts Matrix (Agri-Industry) Annex E Activities and Impacts Matrix (Energy) Annex F Activities and Impacts Matrix (Large scale property development) Annex G Activities and Impacts Matrix (Social infrastructure)
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Section 2 Principles
assess the possible pollution impacts of a proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and environmental degradation and to rectify environmental damage
and the possible pollution impacts of a
proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and emiornmental degradation and to rectify environmental damage
~ 10f14 Z
9 Cil Cil Cil Cil Cil
Gl IreQuirement of environmental justice when o
infrastructure such as power ltpipelines (Section m
needs must be equHably lJ (section 2(2raquo)and where possible Z
ecosystems and the loss of $ Ibiodiversity must be avoided (Section m z
-I Gl
~ 9 m f8 c c z m 11 o o
lReasonable measures must event pollution and
envrornmental degradation and to rectify environmental damage
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
20f14
Organs of state that will probably need to be notified are the municipal planning auttxlrnles the Department of Mineral Resources the Department of Health the Department of Transport the Department of Environmental Affairs the Department of Water Affairs the Department of Science and Technology the National Nuclear Regulator and harnage auttxlrtties
are the municipal plamlng auttxlrnies Department of Agriculture Forestry and
Fisheries (national and provincial) the Department of Transport the Department of Environmental Affairs the Department of Human Settlements the Department of
IEnvironmental Affairs and hernage authorHles
considerations However c needs of people are being by social infrastructure
Idevelooment tt is likely that a greater degree involvement and consultation
be able to be exempt from showing lareas outside tMse zoned for industry given the and desirability as this may already have mor IImHed nature of their Impact on the ascertained environment and the fact that they would
~y be established on land outside the edge H Is possible that an exemption from
public participation requirements may be given
en ~ ~ en A o m ~ z -1 I) CO c C z iii I) o o
z ()
~ t) t)
CO cn
9
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
within the sphere of IIaiolla1 government (For example where the Department of Human Settlements is the applicant and the activity is the bulk
Itransportation of water to supply a new RDP development) In those cases the minister must authorise the activity 24C(2)(d))
are substantially similar lapplications for authorisation under different
the competent authority must enter agreement with the other authority requirements and avoid he deveiopers have chosen to
Deveiopment Faelaquoftation Act for their agrimiddotlndustry activity then the authority must enter Into a written
I wfth the Department of Rurat
Development and Land RelOrm and the Department of Human Settlements
g
z 0
30f14 (i) (i)
1Z (i)
(j) 0 ltm II Zs m Z -i (j) raquo N m ~
sim~ar m I) ()
t c Z m I) 0 I
0
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
40f14
63) confidential COmmerCial Information (Sections 64 and 66) information subject to a confidentiality -n~nn
agreement (Section 65) Information which n I may endanger Ine or property 66) information which is privileged
production in legal proceedings (Section 1d research Information (Section 69) does not protect records held by a
body if they contain evidence of SuOStantial norgt-compliance with the law or an imminent and serious public safety or environmental risk and the public interest in
outweighs the potential harm of (Section 70)
I
request the competent Identify any Information and maps
In terms of Section 24(3) of NEMA env~onmental management
Iframework) and any guidelines which the will take into account In (regulation 8(b)(ix)) The could refer the applicant
such as the water reserve and basic supply requirements
that has the potential 10 the decision of the competent must be disclosed on request
information is protected by law various types of information od from disclosure including
information Ipersonal Information (Section 63) (f) Ieet to a confidential commercial information
5ections 64 and 68) information subject to confidentiality agreement (Section 65) ~
which if disclosed may endanger
6 ~
property (Section 66) information is prMeged from production in legat
proceedingS (Section 67) and research m information (Section 69) PAIA does not II
records held by a private body if they raquo evidence of substantial norgt- Z
Icompliance wnh the law or an imminent and -1 public safety or environmentsl risk public Interest In disclosure res 5 the potential harm of disclosure c
I
70) C z iii IJ o o
z l
~ ~
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
should hold an environmental imanagement qualifICation and have I management qualification and have Imanagement qualifICation and have experieroe
rierte in conducting EIA processes The experience in conducting EtA processes The in conducting EIA processes The EAP should should have some knowledge of land EAP should have some knowledge of land have some knowfedge of land use planning and
planning and SDFs use planning SDFs and housing policy of the agricultural seclor
(0 Q)
z ~ vgt vgt vgt50 14 vgt vgt
G) Imanagement qualifICation and have o
~ieroe in conducting EIA processes lt EAP must be able to deal with a m
0parallel assassments for the same Zdifferent areas at the same time s
m z -i G)
~ 9 _m IJ (p
c C z m t5 o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
60f 14
must provide information which may affect the decision on whether or not to grant environmental authorisation and ~ so the condnions to be Imposed Including InfOrmationlCOndrons relevant to the crHeria to be taken into account information (listed in regulation 8) Whist to some extent dependent on the prOject this would include informalion regarding the proposed locality and separation distances from neighbouring communHies information regarding whelher SOCial reasons as well as ff measures can be the facilty wijj conslHute a Major Hazard taken 10 mttigale harm to lhe environment will Installation and regarding compliance wHh the be especially relevant for consideration Major Hazard installation regulations under the Availability of services for lhe development Occupational Health and Salety Act Energy and the Impact of those services (ie water
leney shculd be considered Air pollution consumption) wm be relevant waste issues will be parllcularly
(J)
~ ~ (J)
6 m II raquo Z -I
r8 c c z iii I) o o
z o
~ CW CW
10 10
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 No 33333 85
77
5 Assessment of job well done
In this section criteria that can be used by both practitioners and consultants will be provided to assist in detennining whether the EIA process and documents that have been produced meet acceptable professional standards as well as the requirements of the EtA regulations These criteria will be drawn from typical measures of quality and adapted for the purposes of the guideline Aspects such as clarity objectivity and quality of infonnation will be covered
When detennining whether an EIA process has been adequate it is important to bear the purpose of this process in mind which is to
1 Detennine whether and how adverse environmental effects can be avoided or minimized before they occur
2 Provide infonnation to enable environmental factors to be incorporated into decision making
The role of the EAP is to undertake the process in a thorough and objective manner It is not the role of the EAP to actively support the development proposal The EAPs role is first and foremost to ensure that means are found to prevent adverse impacts associated with the project or to at least minimise these if they cannot be avoided In fulfilling this role the EAP must ensure that the requirements of the E IA Regulations are met in all respects
51 Quality assurance criteria
In accordance with principles of best practice the objectives of EIA are as follows (IAIA 1999)120
bull to ensure environmental considerations are explicitly and comprehensively addressed and incorporated into decision-making about development
bull to anticipate the effects of development proposals with a view to avoiding minimising or offsetting Significant adverse impacts and enhancing benefits
bull to ensure that the productivity and capacity of natural systems and ecological processes is protected and maintained and
bull to promote development that is sustainable
With respect to the EIAR it is important that the infonnation is consistent with the terms of reference and the process followed Specific questions to consider are121
bull complete - infonned decision can be made bull suitable - right type of infonnation included bull understandable - easily apprehended by IampAPs decision maker bull reliable - meets established professional and diSCiplinary standards bull defensible risks and impact are qualified as are uncertainties bull actionable provides clear basis for choice and condition setting
120 IAIA in cooperation with Institute of Environmental Assessment (1999) Principles of EIA Best Practice wwwiaiaorg
121 Sadler B (1996) Environmental Assessment in a Changing World Evaluating Practice to Improve Performance (Final Report of the Intemational Study of the Effectiveness of Environmental Assessment) Canadian Environmental Assessment Agency and International Association for Impact Assessment Ottawa Canada
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86 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
78
A checklist of the contents of the EIAR is given in Table 10 This can be used to determine whether all of the relevant information has been provided
TABLE10 Checklist for EIAR contents ITEM
Introduction
Project Description
Altematives
Description of baseline environment
Public participation
Assessment and evaluation of impacts alternatives and mitigation measures
CONTENTS
bull Qualification details of the EAP and Specialists (could be referred to in report and provided in an Appendix)
middot Terms of Reference for the study (this must link to the Scoping Report)
middot Structure of the EIAR (Le a roadmapj
middot Nature type of development
bull Project purpose need and desirability of the proposed activity
middot Objectives or principles applied in the project planning and design if any (eg green building
middot
design waste recycling)
middot Development footprint scale of development
middot Infrastructure and buildings
middot Facilities for storage of waste hazardous substances etc
middot Emissions (air wastewater effluents) and waste types Treatment facilities for wastes emissions and effluent if any
middot bull Project phases and activities (construction operation etc)
middot Maps site layout plans and photographs Revisions made to the project through comments received from IampAPs and specialists
middot Overview of altematives that have been assessed (this must link to the Scoping Report) with an explanation of how they were identified (eg IampAP comments specialist inputs)
middot Key pOints relating to the baseline environment from the Scoping Report highlighting aspects that are relevant to the impact assessment
middot Sensitive environmental features (biophysical and socio-economic)
middot Constraints (eg available natural resources)
middot Social and economic needs requirements (trends pressures)
bull Maps showing environmental characteristics together with sensitivity rating or showing opportunities and constraints
middot Brief description of specialist work undertaken for the purposes of the EIAR (eg field surveys with period undertaken dates etc)
middot New information findings from additional specialist work (Le post Scoping Report)
middot Annexmiddot full Terms of Referencefor speCialist studies in an Appendix
middot Public participation activities
bull Measures taken to resolve conflicts (if relevant)
middot Methods used for dealing with illiteracy (if applicable)
bull Issues and response trail (summarise in report and provide original comments in Annex)
middot Appendix Annex bull List of IampAPs bull Proof of advertisements site notices bull Minutes of meetings and records of discussionscorrespondence
comments made IampAPs
bull Assessment methodologyies applied particularly criteria for evaluating the significance of impacts including the NEMA principles
bull Assumptions uncertainties and gaps in knowiedge and the implications of these
~~L-~~~____~~~~~~~__________~~~~____~________~
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 No33333 87
79
ITEM CONTENTS
Assessment and bull For each issue and altemative identified in Scoping as requiring investigation evaluation of impacts middot Identify the impacts risks and benefits for each phase of the project (ie design construction altematives and operation and where relevant decommissioning and closure) mitigation measures bull Assess the significance of each impact risk and benefit
0 Describe measures that can be used to avoid or minimise impacts and risks and to enhance benefits
0 Evaluate the significance of the each impact and risk assuming these mitigation measures are undertaken (ie after mitigation)
0 Describe the effectiveness of the proposed mitigation measures (eg testing of effectiveness)
bull Assess increase in benefits assuming measures to enhance these are implemented 0 Describe any implications associated with non-alignment between the proposed development
and relevant strategic and spatial plans policies or guidelines 0 Describe cumUlative impacts as relevant to the proposed development
middot Describe links and relationships between impacts and adjust Significance accordingly
bull Describe residual impacts and the likelihood that these could be ured flagsmiddot or fatal flaws (eg a high negative rating after mitigation may be a red flag whereas a low negative would probably not be considered as aured flag)
middot Describe the impacts of the alternatives relative to one another and which is the most appropriate alternative from an environmental impact point of view
i 0 Describe any tradeoffs that would be involved for each alternative where applicable
Draft EMP middot Mitigation measures for each environmental impact for 0 Design 0 Pre-conslruction and construction activities 0 Operation 0 Rehabilitation and
0 Monitoring programme
Summary and middot Summary or synthesis of the impacts and their Significance before and after mitigation This table conclusions should enable comparison of positive and negative implications of the proposed activity and
identified altematives 0 Summary of significance of risks if any 0 Summary of findings in relation to cumulative impacts
middot Summary of irreversible andor residual impacts 0
middot Conclusion that is the opinion of the EAP in respect of
The appropriate altematives 0 Residual andor irreversible impacts considered to be red flags or fatal flaws 0 The extent to which the development proposal meets or deviates from relevant policies plans
and guidelines
middot The extent to which the development proposal meets relevant principles and criteria in each area of sustainability (environmental economic and social)
middot The net gains (benefits) and losses (impacts) associated with the development (Le who and what stands to gain and who or what stands to lose)
middot The effectiveness of proposed mitigation measures to avoid or minimise impacts and enhance benefits
middot Uncertainties gaps and limitations and the implications thereof for decision-makingI
It is important to ensure that the EIAR is written in a clear and succinct manner and every effort should be made to avoid padding the document with unnecessary detail (eg pages and pages of information on legislation)
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80
88 No 33333 GOVERNMENT GAZETTE 29 JUNE 2010
52 Legal compliance
Compliance with legal requirements is mandatory and the decision-maker must reject applications that do not comply Furthermore the EAP should ensure that its independence is not compromised Should the competent authority have reason to believe that the EAP managing the application may not be independent in respect of the application it may after affording the EAP an opportunity to make representations regarding his or her independence refuse to accept any further reports or input from the EAP122 The applicant may also be required to Commission an external review by an independent person or to appoint another EAP These will be at the applicants own cost
Applications for authorisation must
bull Be made on the official application forms published by or obtainable from the relevant competent authority
bull Be properly completed and contain the information required in terms of the application form bull Contain the written consent of the landowner for non-linear activities on land owned by a
person other than the applicant bull Contain any prescribed application fees bull Take into account any guideline applicable to the submission of applications bull Fulfil the requirements for public participation as set out in the Regulations or ensure that
exemption is obtained if some of these activities are not undertaken bull Include copies of any representations objections and comments received in connection with the
application bull Include copies of the minutes of any meetings held by the EAP with IampAPs and other role
players which record the views of the participants bull Include any responses by the EAP to those representations objections comments and views bull Include any reports and other documents required in terms of the EIA Regulations bull Provide the content in reports (BAR Scoping Report EIAR) as specified in the Regulations
(Table 10 may assist in respect of the EIAR) and bull Contain a declaration of interest by the EAP on a form provided by the competent authority
122 Regulation 19
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 No33333 89
81
References
A Environmental Impact Assessment Guidelines
Integrated Environmental Management - (Department of Environmental Affairs - formerly the Department of Environmental Affairs amp Tourism)
1 DEA T (2002) Screening Integrated Environmental Management Information Series 1 Department of Environmental Affairs Pretoria
2 DEAT (2002) Scoping Integrated Environmental Management Information Series 2 Department of Environmental Affairs Pretoria
3 DEAT (2002) Stakeholder Engagement Integrated Environmental Management Information Series 3 Department of Environmental Affairs Pretoria
4 DEAT (2002) Specialist Studies Integrated Environmental Management Information Series 4 Department of Environmental Affairs Pretoria
5 DEAT (2002) Impact Significance Integrated Environmental Management Information Series 5 Department of Environmental Affairs Pretoria
6 DEAT (2002) Ecological Risk Assessment Integrated Environmental Management Information Series 6 Department of Environmental Affairs Pretoria
7 DEAT (2004) Cumulative Effects Assessment Integrated Environmental Management Information Series 7 Department of Environmental Affairs Pretoria
8 DEAT (2004) Cost Benefit Analysis Integrated Environmental Management Information Series 8 Department of Environmental Affairs Pretoria
9 DEAT (2004) Life Cycle Assessment Integrated Environmental Management Information Series 9 Department of Environmental Affairs ampTourism Pretoria
10 DEAT (2004) Criteria for Determining Alternatives in EIA Integrated Environmental Management Information Series 11 Department of Environmental Affairs amp Tourism Pretoria
11 DEAT (2004) Environmental Management Plans Integrated Environmental Management Information Series 12 Department of Environmental Affairs amp Tourism Pretoria
12 DEAT (2004) Review in EIA Integrated Environmental Management Information Series 12 Department of Environmental Affairs amp Tourism Pretoria
13 DEAT (2004) Environmental Impact Reporting Integrated Environmental Management Information Series 15 Department of Environmental Affairs ampTourism Pretoria
14 DEAT (2007) Strategic Environmental Assessment Guideline Integrated Environmental Guideline Series 4 Department of Environmental Affairs amp Tourism Pretoria
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
90 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
82
15 DEAT (May 2006) General Guide to the EIA Regulations (Guideline 3) Department of Environmental Affairs amp Tourism Pretoria
16 DEAT (May 2006) Public participation (Guideline 4) in support of the EIA Regulations Department of Environmental Affairs amp Tourism Pretoria
17 DEAT (June 2006) Assessment of alternatives and impacts (Guideline 5) in support of the EIA Regulations Department of Environmental Affairs ampTourism Pretoria
Draft Guidelines NEMA Environmental Impact Assessment Regulations - Guidelines and Information Document Series (Western Cape Department of Environmental Affairs amp Development Planning)
18 Guideline on the Interpretation of the Listed Activities (November 2006)
19 Guideline on Alternatives (September 2006)
20 Guideline on Exemption Applications (September 2007)
21 Guideline on Appeals (September 2007)
22 Guideline on Public PartiCipation (September 2007)
23 Guideline on Transitional Arrangements (September 2007)
24 Guideline on Need and Desirability (May 2009)
Guidelines for Specialist Involvement in EIA Processes (Provincial Govemment of the Western Cape Department of Environmental Affairs and Development Planning)
25 Brownlie S 2005 Guideline for involving biodiversity specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 C Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
26 Saayrnan I 2005 Guideline for involving hydrogeologists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 D Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
27 Munster F 2005 Guideline for determining the scope of specialist involvement in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 A Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
28 Keatimilwe K and Ashton PJ 2005 Guideline for the review of specialist input in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 B Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
29 Winter S ampBaumann N 2005 Guideline for involving heritage specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 E Republic of South Africa Provincial
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 No33333 91
83
Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
30 Oberholzer B 2005 Guideline for involving visual ampaesthetic specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 F Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
31 Van Zyl HW de Wit MP amp Leiman A 2005 Guideline for involving economists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 G Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
B DWAF Water Use Authorisation External Guidelines
32 External Guideline Generic Water Use Authorisation Application Process
33 External Guideline Section 21(c) and (I) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
34 External Guideline Section 21(d) Water Use Authorisation Application Process (Stream Flow Reduction Activities)
C DWAF Water Use Authorisation Internal Guidelines
35 Internal Guideline Generic Water Use Authorisation Application Process
36 Internal Guideline Section 21(a) and (b) Water Use Authorisation Application Process (Taking andor Storing Water)
37 Internal Guideline Section 21(c) and (i) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
38 Internal Guideline Section 21 (e) (f) (g) (h) U Water Use Authorisation Application Process (Waste Discharge Related)
D Other Guidelines
39 Gauteng Mast Construction Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment)
40 Guideline on the Application of the EIA Regulations to Structures associated with Communication Networks (Western Cape Department of Environment and Cultural Affairs and Support Environmental Management Directorate EIA Guidelines Series September 2001)
41 Guidelines for Development on Mountains Hills and Ridges of the Western Cape (Western Cape Department of Environmental Affairs and Development Planning April 2002raquo
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84
92 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
42 Guidelines for Golf Courses Golf Estates Polo Fields and Polo Estates in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
43 Guidelines for Resort Developments in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
44 Guideline on Biodiversity Offsets (Western Cape Department of Environmental Affairs amp Development Planning Provincial (Draft Edition 2) April 2007)
45 Practical Field Procedure for Identification and Delineation of Wetlands and Riparian Areas First Edition (Department of Water Affairs and Forestry First Edition September 2005)
46 Provincial Urban Edge Guideline (Western Cape Department of Environmental Affairs and Development Planning December 2005)
47 Ralston S and Williams Q CapeNatures Requirements and Recommendations with Respect to Appications for Environmenta Mining Agricuture Water and Planning-Related Authorisations
48 Red List Plant Species Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment) (June 2006)
49 Ridges Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment September 2001 as reviewed and updated in January 2004 and April 2006)
E Other References
50 Gibson RB Hassan S Holtz S Tansey J and Whitelaw G (2005) Sustainability Assessment - criteria processes and applications Earthscan
51 IAIA in cooperation with Institute of Environmental Assessment (1999) Principles of EIA Best Practice wwwiaiaorg
52 Canadian Environmental Assessment Agency 1994) Determining whether a project is likely to have significant adverse effects
53 Sadler B (1996) Environmental Assessment in a Changing World Evaluating Practice to Improve Performance (Final Report of the International Study of the Effectiveness of Environmental Assessment) Canadian Environmental Assessment Agency and International Association for Impact Assessment Ottawa Canada
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STAATSKOERANT 29 JUNIE 2010 NO33333 93
85
Annexes
Annex A Legal Matrix Annex B Checklist of questions to assist scoping of issues Annex C Activities and Impacts Matrix (Linear Development) Annex D Activities and Impacts Matrix (Agri-Industry) Annex E Activities and Impacts Matrix (Energy) Annex F Activities and Impacts Matrix (Large scale property development) Annex G Activities and Impacts Matrix (Social infrastructure)
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Section 2 Principles
assess the possible pollution impacts of a proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and environmental degradation and to rectify environmental damage
and the possible pollution impacts of a
proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and emiornmental degradation and to rectify environmental damage
~ 10f14 Z
9 Cil Cil Cil Cil Cil
Gl IreQuirement of environmental justice when o
infrastructure such as power ltpipelines (Section m
needs must be equHably lJ (section 2(2raquo)and where possible Z
ecosystems and the loss of $ Ibiodiversity must be avoided (Section m z
-I Gl
~ 9 m f8 c c z m 11 o o
lReasonable measures must event pollution and
envrornmental degradation and to rectify environmental damage
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
20f14
Organs of state that will probably need to be notified are the municipal planning auttxlrnles the Department of Mineral Resources the Department of Health the Department of Transport the Department of Environmental Affairs the Department of Water Affairs the Department of Science and Technology the National Nuclear Regulator and harnage auttxlrtties
are the municipal plamlng auttxlrnies Department of Agriculture Forestry and
Fisheries (national and provincial) the Department of Transport the Department of Environmental Affairs the Department of Human Settlements the Department of
IEnvironmental Affairs and hernage authorHles
considerations However c needs of people are being by social infrastructure
Idevelooment tt is likely that a greater degree involvement and consultation
be able to be exempt from showing lareas outside tMse zoned for industry given the and desirability as this may already have mor IImHed nature of their Impact on the ascertained environment and the fact that they would
~y be established on land outside the edge H Is possible that an exemption from
public participation requirements may be given
en ~ ~ en A o m ~ z -1 I) CO c C z iii I) o o
z ()
~ t) t)
CO cn
9
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
within the sphere of IIaiolla1 government (For example where the Department of Human Settlements is the applicant and the activity is the bulk
Itransportation of water to supply a new RDP development) In those cases the minister must authorise the activity 24C(2)(d))
are substantially similar lapplications for authorisation under different
the competent authority must enter agreement with the other authority requirements and avoid he deveiopers have chosen to
Deveiopment Faelaquoftation Act for their agrimiddotlndustry activity then the authority must enter Into a written
I wfth the Department of Rurat
Development and Land RelOrm and the Department of Human Settlements
g
z 0
30f14 (i) (i)
1Z (i)
(j) 0 ltm II Zs m Z -i (j) raquo N m ~
sim~ar m I) ()
t c Z m I) 0 I
0
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
40f14
63) confidential COmmerCial Information (Sections 64 and 66) information subject to a confidentiality -n~nn
agreement (Section 65) Information which n I may endanger Ine or property 66) information which is privileged
production in legal proceedings (Section 1d research Information (Section 69) does not protect records held by a
body if they contain evidence of SuOStantial norgt-compliance with the law or an imminent and serious public safety or environmental risk and the public interest in
outweighs the potential harm of (Section 70)
I
request the competent Identify any Information and maps
In terms of Section 24(3) of NEMA env~onmental management
Iframework) and any guidelines which the will take into account In (regulation 8(b)(ix)) The could refer the applicant
such as the water reserve and basic supply requirements
that has the potential 10 the decision of the competent must be disclosed on request
information is protected by law various types of information od from disclosure including
information Ipersonal Information (Section 63) (f) Ieet to a confidential commercial information
5ections 64 and 68) information subject to confidentiality agreement (Section 65) ~
which if disclosed may endanger
6 ~
property (Section 66) information is prMeged from production in legat
proceedingS (Section 67) and research m information (Section 69) PAIA does not II
records held by a private body if they raquo evidence of substantial norgt- Z
Icompliance wnh the law or an imminent and -1 public safety or environmentsl risk public Interest In disclosure res 5 the potential harm of disclosure c
I
70) C z iii IJ o o
z l
~ ~
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
should hold an environmental imanagement qualifICation and have I management qualification and have Imanagement qualifICation and have experieroe
rierte in conducting EIA processes The experience in conducting EtA processes The in conducting EIA processes The EAP should should have some knowledge of land EAP should have some knowledge of land have some knowfedge of land use planning and
planning and SDFs use planning SDFs and housing policy of the agricultural seclor
(0 Q)
z ~ vgt vgt vgt50 14 vgt vgt
G) Imanagement qualifICation and have o
~ieroe in conducting EIA processes lt EAP must be able to deal with a m
0parallel assassments for the same Zdifferent areas at the same time s
m z -i G)
~ 9 _m IJ (p
c C z m t5 o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
60f 14
must provide information which may affect the decision on whether or not to grant environmental authorisation and ~ so the condnions to be Imposed Including InfOrmationlCOndrons relevant to the crHeria to be taken into account information (listed in regulation 8) Whist to some extent dependent on the prOject this would include informalion regarding the proposed locality and separation distances from neighbouring communHies information regarding whelher SOCial reasons as well as ff measures can be the facilty wijj conslHute a Major Hazard taken 10 mttigale harm to lhe environment will Installation and regarding compliance wHh the be especially relevant for consideration Major Hazard installation regulations under the Availability of services for lhe development Occupational Health and Salety Act Energy and the Impact of those services (ie water
leney shculd be considered Air pollution consumption) wm be relevant waste issues will be parllcularly
(J)
~ ~ (J)
6 m II raquo Z -I
r8 c c z iii I) o o
z o
~ CW CW
10 10
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
86 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
78
A checklist of the contents of the EIAR is given in Table 10 This can be used to determine whether all of the relevant information has been provided
TABLE10 Checklist for EIAR contents ITEM
Introduction
Project Description
Altematives
Description of baseline environment
Public participation
Assessment and evaluation of impacts alternatives and mitigation measures
CONTENTS
bull Qualification details of the EAP and Specialists (could be referred to in report and provided in an Appendix)
middot Terms of Reference for the study (this must link to the Scoping Report)
middot Structure of the EIAR (Le a roadmapj
middot Nature type of development
bull Project purpose need and desirability of the proposed activity
middot Objectives or principles applied in the project planning and design if any (eg green building
middot
design waste recycling)
middot Development footprint scale of development
middot Infrastructure and buildings
middot Facilities for storage of waste hazardous substances etc
middot Emissions (air wastewater effluents) and waste types Treatment facilities for wastes emissions and effluent if any
middot bull Project phases and activities (construction operation etc)
middot Maps site layout plans and photographs Revisions made to the project through comments received from IampAPs and specialists
middot Overview of altematives that have been assessed (this must link to the Scoping Report) with an explanation of how they were identified (eg IampAP comments specialist inputs)
middot Key pOints relating to the baseline environment from the Scoping Report highlighting aspects that are relevant to the impact assessment
middot Sensitive environmental features (biophysical and socio-economic)
middot Constraints (eg available natural resources)
middot Social and economic needs requirements (trends pressures)
bull Maps showing environmental characteristics together with sensitivity rating or showing opportunities and constraints
middot Brief description of specialist work undertaken for the purposes of the EIAR (eg field surveys with period undertaken dates etc)
middot New information findings from additional specialist work (Le post Scoping Report)
middot Annexmiddot full Terms of Referencefor speCialist studies in an Appendix
middot Public participation activities
bull Measures taken to resolve conflicts (if relevant)
middot Methods used for dealing with illiteracy (if applicable)
bull Issues and response trail (summarise in report and provide original comments in Annex)
middot Appendix Annex bull List of IampAPs bull Proof of advertisements site notices bull Minutes of meetings and records of discussionscorrespondence
comments made IampAPs
bull Assessment methodologyies applied particularly criteria for evaluating the significance of impacts including the NEMA principles
bull Assumptions uncertainties and gaps in knowiedge and the implications of these
~~L-~~~____~~~~~~~__________~~~~____~________~
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 No33333 87
79
ITEM CONTENTS
Assessment and bull For each issue and altemative identified in Scoping as requiring investigation evaluation of impacts middot Identify the impacts risks and benefits for each phase of the project (ie design construction altematives and operation and where relevant decommissioning and closure) mitigation measures bull Assess the significance of each impact risk and benefit
0 Describe measures that can be used to avoid or minimise impacts and risks and to enhance benefits
0 Evaluate the significance of the each impact and risk assuming these mitigation measures are undertaken (ie after mitigation)
0 Describe the effectiveness of the proposed mitigation measures (eg testing of effectiveness)
bull Assess increase in benefits assuming measures to enhance these are implemented 0 Describe any implications associated with non-alignment between the proposed development
and relevant strategic and spatial plans policies or guidelines 0 Describe cumUlative impacts as relevant to the proposed development
middot Describe links and relationships between impacts and adjust Significance accordingly
bull Describe residual impacts and the likelihood that these could be ured flagsmiddot or fatal flaws (eg a high negative rating after mitigation may be a red flag whereas a low negative would probably not be considered as aured flag)
middot Describe the impacts of the alternatives relative to one another and which is the most appropriate alternative from an environmental impact point of view
i 0 Describe any tradeoffs that would be involved for each alternative where applicable
Draft EMP middot Mitigation measures for each environmental impact for 0 Design 0 Pre-conslruction and construction activities 0 Operation 0 Rehabilitation and
0 Monitoring programme
Summary and middot Summary or synthesis of the impacts and their Significance before and after mitigation This table conclusions should enable comparison of positive and negative implications of the proposed activity and
identified altematives 0 Summary of significance of risks if any 0 Summary of findings in relation to cumulative impacts
middot Summary of irreversible andor residual impacts 0
middot Conclusion that is the opinion of the EAP in respect of
The appropriate altematives 0 Residual andor irreversible impacts considered to be red flags or fatal flaws 0 The extent to which the development proposal meets or deviates from relevant policies plans
and guidelines
middot The extent to which the development proposal meets relevant principles and criteria in each area of sustainability (environmental economic and social)
middot The net gains (benefits) and losses (impacts) associated with the development (Le who and what stands to gain and who or what stands to lose)
middot The effectiveness of proposed mitigation measures to avoid or minimise impacts and enhance benefits
middot Uncertainties gaps and limitations and the implications thereof for decision-makingI
It is important to ensure that the EIAR is written in a clear and succinct manner and every effort should be made to avoid padding the document with unnecessary detail (eg pages and pages of information on legislation)
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80
88 No 33333 GOVERNMENT GAZETTE 29 JUNE 2010
52 Legal compliance
Compliance with legal requirements is mandatory and the decision-maker must reject applications that do not comply Furthermore the EAP should ensure that its independence is not compromised Should the competent authority have reason to believe that the EAP managing the application may not be independent in respect of the application it may after affording the EAP an opportunity to make representations regarding his or her independence refuse to accept any further reports or input from the EAP122 The applicant may also be required to Commission an external review by an independent person or to appoint another EAP These will be at the applicants own cost
Applications for authorisation must
bull Be made on the official application forms published by or obtainable from the relevant competent authority
bull Be properly completed and contain the information required in terms of the application form bull Contain the written consent of the landowner for non-linear activities on land owned by a
person other than the applicant bull Contain any prescribed application fees bull Take into account any guideline applicable to the submission of applications bull Fulfil the requirements for public participation as set out in the Regulations or ensure that
exemption is obtained if some of these activities are not undertaken bull Include copies of any representations objections and comments received in connection with the
application bull Include copies of the minutes of any meetings held by the EAP with IampAPs and other role
players which record the views of the participants bull Include any responses by the EAP to those representations objections comments and views bull Include any reports and other documents required in terms of the EIA Regulations bull Provide the content in reports (BAR Scoping Report EIAR) as specified in the Regulations
(Table 10 may assist in respect of the EIAR) and bull Contain a declaration of interest by the EAP on a form provided by the competent authority
122 Regulation 19
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 No33333 89
81
References
A Environmental Impact Assessment Guidelines
Integrated Environmental Management - (Department of Environmental Affairs - formerly the Department of Environmental Affairs amp Tourism)
1 DEA T (2002) Screening Integrated Environmental Management Information Series 1 Department of Environmental Affairs Pretoria
2 DEAT (2002) Scoping Integrated Environmental Management Information Series 2 Department of Environmental Affairs Pretoria
3 DEAT (2002) Stakeholder Engagement Integrated Environmental Management Information Series 3 Department of Environmental Affairs Pretoria
4 DEAT (2002) Specialist Studies Integrated Environmental Management Information Series 4 Department of Environmental Affairs Pretoria
5 DEAT (2002) Impact Significance Integrated Environmental Management Information Series 5 Department of Environmental Affairs Pretoria
6 DEAT (2002) Ecological Risk Assessment Integrated Environmental Management Information Series 6 Department of Environmental Affairs Pretoria
7 DEAT (2004) Cumulative Effects Assessment Integrated Environmental Management Information Series 7 Department of Environmental Affairs Pretoria
8 DEAT (2004) Cost Benefit Analysis Integrated Environmental Management Information Series 8 Department of Environmental Affairs Pretoria
9 DEAT (2004) Life Cycle Assessment Integrated Environmental Management Information Series 9 Department of Environmental Affairs ampTourism Pretoria
10 DEAT (2004) Criteria for Determining Alternatives in EIA Integrated Environmental Management Information Series 11 Department of Environmental Affairs amp Tourism Pretoria
11 DEAT (2004) Environmental Management Plans Integrated Environmental Management Information Series 12 Department of Environmental Affairs amp Tourism Pretoria
12 DEAT (2004) Review in EIA Integrated Environmental Management Information Series 12 Department of Environmental Affairs amp Tourism Pretoria
13 DEAT (2004) Environmental Impact Reporting Integrated Environmental Management Information Series 15 Department of Environmental Affairs ampTourism Pretoria
14 DEAT (2007) Strategic Environmental Assessment Guideline Integrated Environmental Guideline Series 4 Department of Environmental Affairs amp Tourism Pretoria
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
90 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
82
15 DEAT (May 2006) General Guide to the EIA Regulations (Guideline 3) Department of Environmental Affairs amp Tourism Pretoria
16 DEAT (May 2006) Public participation (Guideline 4) in support of the EIA Regulations Department of Environmental Affairs amp Tourism Pretoria
17 DEAT (June 2006) Assessment of alternatives and impacts (Guideline 5) in support of the EIA Regulations Department of Environmental Affairs ampTourism Pretoria
Draft Guidelines NEMA Environmental Impact Assessment Regulations - Guidelines and Information Document Series (Western Cape Department of Environmental Affairs amp Development Planning)
18 Guideline on the Interpretation of the Listed Activities (November 2006)
19 Guideline on Alternatives (September 2006)
20 Guideline on Exemption Applications (September 2007)
21 Guideline on Appeals (September 2007)
22 Guideline on Public PartiCipation (September 2007)
23 Guideline on Transitional Arrangements (September 2007)
24 Guideline on Need and Desirability (May 2009)
Guidelines for Specialist Involvement in EIA Processes (Provincial Govemment of the Western Cape Department of Environmental Affairs and Development Planning)
25 Brownlie S 2005 Guideline for involving biodiversity specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 C Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
26 Saayrnan I 2005 Guideline for involving hydrogeologists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 D Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
27 Munster F 2005 Guideline for determining the scope of specialist involvement in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 A Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
28 Keatimilwe K and Ashton PJ 2005 Guideline for the review of specialist input in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 B Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
29 Winter S ampBaumann N 2005 Guideline for involving heritage specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 E Republic of South Africa Provincial
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 No33333 91
83
Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
30 Oberholzer B 2005 Guideline for involving visual ampaesthetic specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 F Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
31 Van Zyl HW de Wit MP amp Leiman A 2005 Guideline for involving economists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 G Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
B DWAF Water Use Authorisation External Guidelines
32 External Guideline Generic Water Use Authorisation Application Process
33 External Guideline Section 21(c) and (I) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
34 External Guideline Section 21(d) Water Use Authorisation Application Process (Stream Flow Reduction Activities)
C DWAF Water Use Authorisation Internal Guidelines
35 Internal Guideline Generic Water Use Authorisation Application Process
36 Internal Guideline Section 21(a) and (b) Water Use Authorisation Application Process (Taking andor Storing Water)
37 Internal Guideline Section 21(c) and (i) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
38 Internal Guideline Section 21 (e) (f) (g) (h) U Water Use Authorisation Application Process (Waste Discharge Related)
D Other Guidelines
39 Gauteng Mast Construction Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment)
40 Guideline on the Application of the EIA Regulations to Structures associated with Communication Networks (Western Cape Department of Environment and Cultural Affairs and Support Environmental Management Directorate EIA Guidelines Series September 2001)
41 Guidelines for Development on Mountains Hills and Ridges of the Western Cape (Western Cape Department of Environmental Affairs and Development Planning April 2002raquo
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
84
92 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
42 Guidelines for Golf Courses Golf Estates Polo Fields and Polo Estates in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
43 Guidelines for Resort Developments in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
44 Guideline on Biodiversity Offsets (Western Cape Department of Environmental Affairs amp Development Planning Provincial (Draft Edition 2) April 2007)
45 Practical Field Procedure for Identification and Delineation of Wetlands and Riparian Areas First Edition (Department of Water Affairs and Forestry First Edition September 2005)
46 Provincial Urban Edge Guideline (Western Cape Department of Environmental Affairs and Development Planning December 2005)
47 Ralston S and Williams Q CapeNatures Requirements and Recommendations with Respect to Appications for Environmenta Mining Agricuture Water and Planning-Related Authorisations
48 Red List Plant Species Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment) (June 2006)
49 Ridges Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment September 2001 as reviewed and updated in January 2004 and April 2006)
E Other References
50 Gibson RB Hassan S Holtz S Tansey J and Whitelaw G (2005) Sustainability Assessment - criteria processes and applications Earthscan
51 IAIA in cooperation with Institute of Environmental Assessment (1999) Principles of EIA Best Practice wwwiaiaorg
52 Canadian Environmental Assessment Agency 1994) Determining whether a project is likely to have significant adverse effects
53 Sadler B (1996) Environmental Assessment in a Changing World Evaluating Practice to Improve Performance (Final Report of the International Study of the Effectiveness of Environmental Assessment) Canadian Environmental Assessment Agency and International Association for Impact Assessment Ottawa Canada
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 NO33333 93
85
Annexes
Annex A Legal Matrix Annex B Checklist of questions to assist scoping of issues Annex C Activities and Impacts Matrix (Linear Development) Annex D Activities and Impacts Matrix (Agri-Industry) Annex E Activities and Impacts Matrix (Energy) Annex F Activities and Impacts Matrix (Large scale property development) Annex G Activities and Impacts Matrix (Social infrastructure)
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Section 2 Principles
assess the possible pollution impacts of a proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and environmental degradation and to rectify environmental damage
and the possible pollution impacts of a
proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and emiornmental degradation and to rectify environmental damage
~ 10f14 Z
9 Cil Cil Cil Cil Cil
Gl IreQuirement of environmental justice when o
infrastructure such as power ltpipelines (Section m
needs must be equHably lJ (section 2(2raquo)and where possible Z
ecosystems and the loss of $ Ibiodiversity must be avoided (Section m z
-I Gl
~ 9 m f8 c c z m 11 o o
lReasonable measures must event pollution and
envrornmental degradation and to rectify environmental damage
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
20f14
Organs of state that will probably need to be notified are the municipal planning auttxlrnles the Department of Mineral Resources the Department of Health the Department of Transport the Department of Environmental Affairs the Department of Water Affairs the Department of Science and Technology the National Nuclear Regulator and harnage auttxlrtties
are the municipal plamlng auttxlrnies Department of Agriculture Forestry and
Fisheries (national and provincial) the Department of Transport the Department of Environmental Affairs the Department of Human Settlements the Department of
IEnvironmental Affairs and hernage authorHles
considerations However c needs of people are being by social infrastructure
Idevelooment tt is likely that a greater degree involvement and consultation
be able to be exempt from showing lareas outside tMse zoned for industry given the and desirability as this may already have mor IImHed nature of their Impact on the ascertained environment and the fact that they would
~y be established on land outside the edge H Is possible that an exemption from
public participation requirements may be given
en ~ ~ en A o m ~ z -1 I) CO c C z iii I) o o
z ()
~ t) t)
CO cn
9
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
within the sphere of IIaiolla1 government (For example where the Department of Human Settlements is the applicant and the activity is the bulk
Itransportation of water to supply a new RDP development) In those cases the minister must authorise the activity 24C(2)(d))
are substantially similar lapplications for authorisation under different
the competent authority must enter agreement with the other authority requirements and avoid he deveiopers have chosen to
Deveiopment Faelaquoftation Act for their agrimiddotlndustry activity then the authority must enter Into a written
I wfth the Department of Rurat
Development and Land RelOrm and the Department of Human Settlements
g
z 0
30f14 (i) (i)
1Z (i)
(j) 0 ltm II Zs m Z -i (j) raquo N m ~
sim~ar m I) ()
t c Z m I) 0 I
0
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
40f14
63) confidential COmmerCial Information (Sections 64 and 66) information subject to a confidentiality -n~nn
agreement (Section 65) Information which n I may endanger Ine or property 66) information which is privileged
production in legal proceedings (Section 1d research Information (Section 69) does not protect records held by a
body if they contain evidence of SuOStantial norgt-compliance with the law or an imminent and serious public safety or environmental risk and the public interest in
outweighs the potential harm of (Section 70)
I
request the competent Identify any Information and maps
In terms of Section 24(3) of NEMA env~onmental management
Iframework) and any guidelines which the will take into account In (regulation 8(b)(ix)) The could refer the applicant
such as the water reserve and basic supply requirements
that has the potential 10 the decision of the competent must be disclosed on request
information is protected by law various types of information od from disclosure including
information Ipersonal Information (Section 63) (f) Ieet to a confidential commercial information
5ections 64 and 68) information subject to confidentiality agreement (Section 65) ~
which if disclosed may endanger
6 ~
property (Section 66) information is prMeged from production in legat
proceedingS (Section 67) and research m information (Section 69) PAIA does not II
records held by a private body if they raquo evidence of substantial norgt- Z
Icompliance wnh the law or an imminent and -1 public safety or environmentsl risk public Interest In disclosure res 5 the potential harm of disclosure c
I
70) C z iii IJ o o
z l
~ ~
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
should hold an environmental imanagement qualifICation and have I management qualification and have Imanagement qualifICation and have experieroe
rierte in conducting EIA processes The experience in conducting EtA processes The in conducting EIA processes The EAP should should have some knowledge of land EAP should have some knowledge of land have some knowfedge of land use planning and
planning and SDFs use planning SDFs and housing policy of the agricultural seclor
(0 Q)
z ~ vgt vgt vgt50 14 vgt vgt
G) Imanagement qualifICation and have o
~ieroe in conducting EIA processes lt EAP must be able to deal with a m
0parallel assassments for the same Zdifferent areas at the same time s
m z -i G)
~ 9 _m IJ (p
c C z m t5 o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
60f 14
must provide information which may affect the decision on whether or not to grant environmental authorisation and ~ so the condnions to be Imposed Including InfOrmationlCOndrons relevant to the crHeria to be taken into account information (listed in regulation 8) Whist to some extent dependent on the prOject this would include informalion regarding the proposed locality and separation distances from neighbouring communHies information regarding whelher SOCial reasons as well as ff measures can be the facilty wijj conslHute a Major Hazard taken 10 mttigale harm to lhe environment will Installation and regarding compliance wHh the be especially relevant for consideration Major Hazard installation regulations under the Availability of services for lhe development Occupational Health and Salety Act Energy and the Impact of those services (ie water
leney shculd be considered Air pollution consumption) wm be relevant waste issues will be parllcularly
(J)
~ ~ (J)
6 m II raquo Z -I
r8 c c z iii I) o o
z o
~ CW CW
10 10
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 No33333 87
79
ITEM CONTENTS
Assessment and bull For each issue and altemative identified in Scoping as requiring investigation evaluation of impacts middot Identify the impacts risks and benefits for each phase of the project (ie design construction altematives and operation and where relevant decommissioning and closure) mitigation measures bull Assess the significance of each impact risk and benefit
0 Describe measures that can be used to avoid or minimise impacts and risks and to enhance benefits
0 Evaluate the significance of the each impact and risk assuming these mitigation measures are undertaken (ie after mitigation)
0 Describe the effectiveness of the proposed mitigation measures (eg testing of effectiveness)
bull Assess increase in benefits assuming measures to enhance these are implemented 0 Describe any implications associated with non-alignment between the proposed development
and relevant strategic and spatial plans policies or guidelines 0 Describe cumUlative impacts as relevant to the proposed development
middot Describe links and relationships between impacts and adjust Significance accordingly
bull Describe residual impacts and the likelihood that these could be ured flagsmiddot or fatal flaws (eg a high negative rating after mitigation may be a red flag whereas a low negative would probably not be considered as aured flag)
middot Describe the impacts of the alternatives relative to one another and which is the most appropriate alternative from an environmental impact point of view
i 0 Describe any tradeoffs that would be involved for each alternative where applicable
Draft EMP middot Mitigation measures for each environmental impact for 0 Design 0 Pre-conslruction and construction activities 0 Operation 0 Rehabilitation and
0 Monitoring programme
Summary and middot Summary or synthesis of the impacts and their Significance before and after mitigation This table conclusions should enable comparison of positive and negative implications of the proposed activity and
identified altematives 0 Summary of significance of risks if any 0 Summary of findings in relation to cumulative impacts
middot Summary of irreversible andor residual impacts 0
middot Conclusion that is the opinion of the EAP in respect of
The appropriate altematives 0 Residual andor irreversible impacts considered to be red flags or fatal flaws 0 The extent to which the development proposal meets or deviates from relevant policies plans
and guidelines
middot The extent to which the development proposal meets relevant principles and criteria in each area of sustainability (environmental economic and social)
middot The net gains (benefits) and losses (impacts) associated with the development (Le who and what stands to gain and who or what stands to lose)
middot The effectiveness of proposed mitigation measures to avoid or minimise impacts and enhance benefits
middot Uncertainties gaps and limitations and the implications thereof for decision-makingI
It is important to ensure that the EIAR is written in a clear and succinct manner and every effort should be made to avoid padding the document with unnecessary detail (eg pages and pages of information on legislation)
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80
88 No 33333 GOVERNMENT GAZETTE 29 JUNE 2010
52 Legal compliance
Compliance with legal requirements is mandatory and the decision-maker must reject applications that do not comply Furthermore the EAP should ensure that its independence is not compromised Should the competent authority have reason to believe that the EAP managing the application may not be independent in respect of the application it may after affording the EAP an opportunity to make representations regarding his or her independence refuse to accept any further reports or input from the EAP122 The applicant may also be required to Commission an external review by an independent person or to appoint another EAP These will be at the applicants own cost
Applications for authorisation must
bull Be made on the official application forms published by or obtainable from the relevant competent authority
bull Be properly completed and contain the information required in terms of the application form bull Contain the written consent of the landowner for non-linear activities on land owned by a
person other than the applicant bull Contain any prescribed application fees bull Take into account any guideline applicable to the submission of applications bull Fulfil the requirements for public participation as set out in the Regulations or ensure that
exemption is obtained if some of these activities are not undertaken bull Include copies of any representations objections and comments received in connection with the
application bull Include copies of the minutes of any meetings held by the EAP with IampAPs and other role
players which record the views of the participants bull Include any responses by the EAP to those representations objections comments and views bull Include any reports and other documents required in terms of the EIA Regulations bull Provide the content in reports (BAR Scoping Report EIAR) as specified in the Regulations
(Table 10 may assist in respect of the EIAR) and bull Contain a declaration of interest by the EAP on a form provided by the competent authority
122 Regulation 19
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 No33333 89
81
References
A Environmental Impact Assessment Guidelines
Integrated Environmental Management - (Department of Environmental Affairs - formerly the Department of Environmental Affairs amp Tourism)
1 DEA T (2002) Screening Integrated Environmental Management Information Series 1 Department of Environmental Affairs Pretoria
2 DEAT (2002) Scoping Integrated Environmental Management Information Series 2 Department of Environmental Affairs Pretoria
3 DEAT (2002) Stakeholder Engagement Integrated Environmental Management Information Series 3 Department of Environmental Affairs Pretoria
4 DEAT (2002) Specialist Studies Integrated Environmental Management Information Series 4 Department of Environmental Affairs Pretoria
5 DEAT (2002) Impact Significance Integrated Environmental Management Information Series 5 Department of Environmental Affairs Pretoria
6 DEAT (2002) Ecological Risk Assessment Integrated Environmental Management Information Series 6 Department of Environmental Affairs Pretoria
7 DEAT (2004) Cumulative Effects Assessment Integrated Environmental Management Information Series 7 Department of Environmental Affairs Pretoria
8 DEAT (2004) Cost Benefit Analysis Integrated Environmental Management Information Series 8 Department of Environmental Affairs Pretoria
9 DEAT (2004) Life Cycle Assessment Integrated Environmental Management Information Series 9 Department of Environmental Affairs ampTourism Pretoria
10 DEAT (2004) Criteria for Determining Alternatives in EIA Integrated Environmental Management Information Series 11 Department of Environmental Affairs amp Tourism Pretoria
11 DEAT (2004) Environmental Management Plans Integrated Environmental Management Information Series 12 Department of Environmental Affairs amp Tourism Pretoria
12 DEAT (2004) Review in EIA Integrated Environmental Management Information Series 12 Department of Environmental Affairs amp Tourism Pretoria
13 DEAT (2004) Environmental Impact Reporting Integrated Environmental Management Information Series 15 Department of Environmental Affairs ampTourism Pretoria
14 DEAT (2007) Strategic Environmental Assessment Guideline Integrated Environmental Guideline Series 4 Department of Environmental Affairs amp Tourism Pretoria
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
90 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
82
15 DEAT (May 2006) General Guide to the EIA Regulations (Guideline 3) Department of Environmental Affairs amp Tourism Pretoria
16 DEAT (May 2006) Public participation (Guideline 4) in support of the EIA Regulations Department of Environmental Affairs amp Tourism Pretoria
17 DEAT (June 2006) Assessment of alternatives and impacts (Guideline 5) in support of the EIA Regulations Department of Environmental Affairs ampTourism Pretoria
Draft Guidelines NEMA Environmental Impact Assessment Regulations - Guidelines and Information Document Series (Western Cape Department of Environmental Affairs amp Development Planning)
18 Guideline on the Interpretation of the Listed Activities (November 2006)
19 Guideline on Alternatives (September 2006)
20 Guideline on Exemption Applications (September 2007)
21 Guideline on Appeals (September 2007)
22 Guideline on Public PartiCipation (September 2007)
23 Guideline on Transitional Arrangements (September 2007)
24 Guideline on Need and Desirability (May 2009)
Guidelines for Specialist Involvement in EIA Processes (Provincial Govemment of the Western Cape Department of Environmental Affairs and Development Planning)
25 Brownlie S 2005 Guideline for involving biodiversity specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 C Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
26 Saayrnan I 2005 Guideline for involving hydrogeologists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 D Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
27 Munster F 2005 Guideline for determining the scope of specialist involvement in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 A Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
28 Keatimilwe K and Ashton PJ 2005 Guideline for the review of specialist input in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 B Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
29 Winter S ampBaumann N 2005 Guideline for involving heritage specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 E Republic of South Africa Provincial
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 No33333 91
83
Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
30 Oberholzer B 2005 Guideline for involving visual ampaesthetic specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 F Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
31 Van Zyl HW de Wit MP amp Leiman A 2005 Guideline for involving economists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 G Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
B DWAF Water Use Authorisation External Guidelines
32 External Guideline Generic Water Use Authorisation Application Process
33 External Guideline Section 21(c) and (I) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
34 External Guideline Section 21(d) Water Use Authorisation Application Process (Stream Flow Reduction Activities)
C DWAF Water Use Authorisation Internal Guidelines
35 Internal Guideline Generic Water Use Authorisation Application Process
36 Internal Guideline Section 21(a) and (b) Water Use Authorisation Application Process (Taking andor Storing Water)
37 Internal Guideline Section 21(c) and (i) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
38 Internal Guideline Section 21 (e) (f) (g) (h) U Water Use Authorisation Application Process (Waste Discharge Related)
D Other Guidelines
39 Gauteng Mast Construction Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment)
40 Guideline on the Application of the EIA Regulations to Structures associated with Communication Networks (Western Cape Department of Environment and Cultural Affairs and Support Environmental Management Directorate EIA Guidelines Series September 2001)
41 Guidelines for Development on Mountains Hills and Ridges of the Western Cape (Western Cape Department of Environmental Affairs and Development Planning April 2002raquo
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
84
92 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
42 Guidelines for Golf Courses Golf Estates Polo Fields and Polo Estates in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
43 Guidelines for Resort Developments in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
44 Guideline on Biodiversity Offsets (Western Cape Department of Environmental Affairs amp Development Planning Provincial (Draft Edition 2) April 2007)
45 Practical Field Procedure for Identification and Delineation of Wetlands and Riparian Areas First Edition (Department of Water Affairs and Forestry First Edition September 2005)
46 Provincial Urban Edge Guideline (Western Cape Department of Environmental Affairs and Development Planning December 2005)
47 Ralston S and Williams Q CapeNatures Requirements and Recommendations with Respect to Appications for Environmenta Mining Agricuture Water and Planning-Related Authorisations
48 Red List Plant Species Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment) (June 2006)
49 Ridges Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment September 2001 as reviewed and updated in January 2004 and April 2006)
E Other References
50 Gibson RB Hassan S Holtz S Tansey J and Whitelaw G (2005) Sustainability Assessment - criteria processes and applications Earthscan
51 IAIA in cooperation with Institute of Environmental Assessment (1999) Principles of EIA Best Practice wwwiaiaorg
52 Canadian Environmental Assessment Agency 1994) Determining whether a project is likely to have significant adverse effects
53 Sadler B (1996) Environmental Assessment in a Changing World Evaluating Practice to Improve Performance (Final Report of the International Study of the Effectiveness of Environmental Assessment) Canadian Environmental Assessment Agency and International Association for Impact Assessment Ottawa Canada
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 NO33333 93
85
Annexes
Annex A Legal Matrix Annex B Checklist of questions to assist scoping of issues Annex C Activities and Impacts Matrix (Linear Development) Annex D Activities and Impacts Matrix (Agri-Industry) Annex E Activities and Impacts Matrix (Energy) Annex F Activities and Impacts Matrix (Large scale property development) Annex G Activities and Impacts Matrix (Social infrastructure)
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Section 2 Principles
assess the possible pollution impacts of a proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and environmental degradation and to rectify environmental damage
and the possible pollution impacts of a
proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and emiornmental degradation and to rectify environmental damage
~ 10f14 Z
9 Cil Cil Cil Cil Cil
Gl IreQuirement of environmental justice when o
infrastructure such as power ltpipelines (Section m
needs must be equHably lJ (section 2(2raquo)and where possible Z
ecosystems and the loss of $ Ibiodiversity must be avoided (Section m z
-I Gl
~ 9 m f8 c c z m 11 o o
lReasonable measures must event pollution and
envrornmental degradation and to rectify environmental damage
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
20f14
Organs of state that will probably need to be notified are the municipal planning auttxlrnles the Department of Mineral Resources the Department of Health the Department of Transport the Department of Environmental Affairs the Department of Water Affairs the Department of Science and Technology the National Nuclear Regulator and harnage auttxlrtties
are the municipal plamlng auttxlrnies Department of Agriculture Forestry and
Fisheries (national and provincial) the Department of Transport the Department of Environmental Affairs the Department of Human Settlements the Department of
IEnvironmental Affairs and hernage authorHles
considerations However c needs of people are being by social infrastructure
Idevelooment tt is likely that a greater degree involvement and consultation
be able to be exempt from showing lareas outside tMse zoned for industry given the and desirability as this may already have mor IImHed nature of their Impact on the ascertained environment and the fact that they would
~y be established on land outside the edge H Is possible that an exemption from
public participation requirements may be given
en ~ ~ en A o m ~ z -1 I) CO c C z iii I) o o
z ()
~ t) t)
CO cn
9
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
within the sphere of IIaiolla1 government (For example where the Department of Human Settlements is the applicant and the activity is the bulk
Itransportation of water to supply a new RDP development) In those cases the minister must authorise the activity 24C(2)(d))
are substantially similar lapplications for authorisation under different
the competent authority must enter agreement with the other authority requirements and avoid he deveiopers have chosen to
Deveiopment Faelaquoftation Act for their agrimiddotlndustry activity then the authority must enter Into a written
I wfth the Department of Rurat
Development and Land RelOrm and the Department of Human Settlements
g
z 0
30f14 (i) (i)
1Z (i)
(j) 0 ltm II Zs m Z -i (j) raquo N m ~
sim~ar m I) ()
t c Z m I) 0 I
0
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
40f14
63) confidential COmmerCial Information (Sections 64 and 66) information subject to a confidentiality -n~nn
agreement (Section 65) Information which n I may endanger Ine or property 66) information which is privileged
production in legal proceedings (Section 1d research Information (Section 69) does not protect records held by a
body if they contain evidence of SuOStantial norgt-compliance with the law or an imminent and serious public safety or environmental risk and the public interest in
outweighs the potential harm of (Section 70)
I
request the competent Identify any Information and maps
In terms of Section 24(3) of NEMA env~onmental management
Iframework) and any guidelines which the will take into account In (regulation 8(b)(ix)) The could refer the applicant
such as the water reserve and basic supply requirements
that has the potential 10 the decision of the competent must be disclosed on request
information is protected by law various types of information od from disclosure including
information Ipersonal Information (Section 63) (f) Ieet to a confidential commercial information
5ections 64 and 68) information subject to confidentiality agreement (Section 65) ~
which if disclosed may endanger
6 ~
property (Section 66) information is prMeged from production in legat
proceedingS (Section 67) and research m information (Section 69) PAIA does not II
records held by a private body if they raquo evidence of substantial norgt- Z
Icompliance wnh the law or an imminent and -1 public safety or environmentsl risk public Interest In disclosure res 5 the potential harm of disclosure c
I
70) C z iii IJ o o
z l
~ ~
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
should hold an environmental imanagement qualifICation and have I management qualification and have Imanagement qualifICation and have experieroe
rierte in conducting EIA processes The experience in conducting EtA processes The in conducting EIA processes The EAP should should have some knowledge of land EAP should have some knowledge of land have some knowfedge of land use planning and
planning and SDFs use planning SDFs and housing policy of the agricultural seclor
(0 Q)
z ~ vgt vgt vgt50 14 vgt vgt
G) Imanagement qualifICation and have o
~ieroe in conducting EIA processes lt EAP must be able to deal with a m
0parallel assassments for the same Zdifferent areas at the same time s
m z -i G)
~ 9 _m IJ (p
c C z m t5 o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
60f 14
must provide information which may affect the decision on whether or not to grant environmental authorisation and ~ so the condnions to be Imposed Including InfOrmationlCOndrons relevant to the crHeria to be taken into account information (listed in regulation 8) Whist to some extent dependent on the prOject this would include informalion regarding the proposed locality and separation distances from neighbouring communHies information regarding whelher SOCial reasons as well as ff measures can be the facilty wijj conslHute a Major Hazard taken 10 mttigale harm to lhe environment will Installation and regarding compliance wHh the be especially relevant for consideration Major Hazard installation regulations under the Availability of services for lhe development Occupational Health and Salety Act Energy and the Impact of those services (ie water
leney shculd be considered Air pollution consumption) wm be relevant waste issues will be parllcularly
(J)
~ ~ (J)
6 m II raquo Z -I
r8 c c z iii I) o o
z o
~ CW CW
10 10
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80
88 No 33333 GOVERNMENT GAZETTE 29 JUNE 2010
52 Legal compliance
Compliance with legal requirements is mandatory and the decision-maker must reject applications that do not comply Furthermore the EAP should ensure that its independence is not compromised Should the competent authority have reason to believe that the EAP managing the application may not be independent in respect of the application it may after affording the EAP an opportunity to make representations regarding his or her independence refuse to accept any further reports or input from the EAP122 The applicant may also be required to Commission an external review by an independent person or to appoint another EAP These will be at the applicants own cost
Applications for authorisation must
bull Be made on the official application forms published by or obtainable from the relevant competent authority
bull Be properly completed and contain the information required in terms of the application form bull Contain the written consent of the landowner for non-linear activities on land owned by a
person other than the applicant bull Contain any prescribed application fees bull Take into account any guideline applicable to the submission of applications bull Fulfil the requirements for public participation as set out in the Regulations or ensure that
exemption is obtained if some of these activities are not undertaken bull Include copies of any representations objections and comments received in connection with the
application bull Include copies of the minutes of any meetings held by the EAP with IampAPs and other role
players which record the views of the participants bull Include any responses by the EAP to those representations objections comments and views bull Include any reports and other documents required in terms of the EIA Regulations bull Provide the content in reports (BAR Scoping Report EIAR) as specified in the Regulations
(Table 10 may assist in respect of the EIAR) and bull Contain a declaration of interest by the EAP on a form provided by the competent authority
122 Regulation 19
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 No33333 89
81
References
A Environmental Impact Assessment Guidelines
Integrated Environmental Management - (Department of Environmental Affairs - formerly the Department of Environmental Affairs amp Tourism)
1 DEA T (2002) Screening Integrated Environmental Management Information Series 1 Department of Environmental Affairs Pretoria
2 DEAT (2002) Scoping Integrated Environmental Management Information Series 2 Department of Environmental Affairs Pretoria
3 DEAT (2002) Stakeholder Engagement Integrated Environmental Management Information Series 3 Department of Environmental Affairs Pretoria
4 DEAT (2002) Specialist Studies Integrated Environmental Management Information Series 4 Department of Environmental Affairs Pretoria
5 DEAT (2002) Impact Significance Integrated Environmental Management Information Series 5 Department of Environmental Affairs Pretoria
6 DEAT (2002) Ecological Risk Assessment Integrated Environmental Management Information Series 6 Department of Environmental Affairs Pretoria
7 DEAT (2004) Cumulative Effects Assessment Integrated Environmental Management Information Series 7 Department of Environmental Affairs Pretoria
8 DEAT (2004) Cost Benefit Analysis Integrated Environmental Management Information Series 8 Department of Environmental Affairs Pretoria
9 DEAT (2004) Life Cycle Assessment Integrated Environmental Management Information Series 9 Department of Environmental Affairs ampTourism Pretoria
10 DEAT (2004) Criteria for Determining Alternatives in EIA Integrated Environmental Management Information Series 11 Department of Environmental Affairs amp Tourism Pretoria
11 DEAT (2004) Environmental Management Plans Integrated Environmental Management Information Series 12 Department of Environmental Affairs amp Tourism Pretoria
12 DEAT (2004) Review in EIA Integrated Environmental Management Information Series 12 Department of Environmental Affairs amp Tourism Pretoria
13 DEAT (2004) Environmental Impact Reporting Integrated Environmental Management Information Series 15 Department of Environmental Affairs ampTourism Pretoria
14 DEAT (2007) Strategic Environmental Assessment Guideline Integrated Environmental Guideline Series 4 Department of Environmental Affairs amp Tourism Pretoria
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
90 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
82
15 DEAT (May 2006) General Guide to the EIA Regulations (Guideline 3) Department of Environmental Affairs amp Tourism Pretoria
16 DEAT (May 2006) Public participation (Guideline 4) in support of the EIA Regulations Department of Environmental Affairs amp Tourism Pretoria
17 DEAT (June 2006) Assessment of alternatives and impacts (Guideline 5) in support of the EIA Regulations Department of Environmental Affairs ampTourism Pretoria
Draft Guidelines NEMA Environmental Impact Assessment Regulations - Guidelines and Information Document Series (Western Cape Department of Environmental Affairs amp Development Planning)
18 Guideline on the Interpretation of the Listed Activities (November 2006)
19 Guideline on Alternatives (September 2006)
20 Guideline on Exemption Applications (September 2007)
21 Guideline on Appeals (September 2007)
22 Guideline on Public PartiCipation (September 2007)
23 Guideline on Transitional Arrangements (September 2007)
24 Guideline on Need and Desirability (May 2009)
Guidelines for Specialist Involvement in EIA Processes (Provincial Govemment of the Western Cape Department of Environmental Affairs and Development Planning)
25 Brownlie S 2005 Guideline for involving biodiversity specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 C Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
26 Saayrnan I 2005 Guideline for involving hydrogeologists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 D Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
27 Munster F 2005 Guideline for determining the scope of specialist involvement in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 A Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
28 Keatimilwe K and Ashton PJ 2005 Guideline for the review of specialist input in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 B Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
29 Winter S ampBaumann N 2005 Guideline for involving heritage specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 E Republic of South Africa Provincial
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 No33333 91
83
Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
30 Oberholzer B 2005 Guideline for involving visual ampaesthetic specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 F Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
31 Van Zyl HW de Wit MP amp Leiman A 2005 Guideline for involving economists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 G Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
B DWAF Water Use Authorisation External Guidelines
32 External Guideline Generic Water Use Authorisation Application Process
33 External Guideline Section 21(c) and (I) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
34 External Guideline Section 21(d) Water Use Authorisation Application Process (Stream Flow Reduction Activities)
C DWAF Water Use Authorisation Internal Guidelines
35 Internal Guideline Generic Water Use Authorisation Application Process
36 Internal Guideline Section 21(a) and (b) Water Use Authorisation Application Process (Taking andor Storing Water)
37 Internal Guideline Section 21(c) and (i) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
38 Internal Guideline Section 21 (e) (f) (g) (h) U Water Use Authorisation Application Process (Waste Discharge Related)
D Other Guidelines
39 Gauteng Mast Construction Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment)
40 Guideline on the Application of the EIA Regulations to Structures associated with Communication Networks (Western Cape Department of Environment and Cultural Affairs and Support Environmental Management Directorate EIA Guidelines Series September 2001)
41 Guidelines for Development on Mountains Hills and Ridges of the Western Cape (Western Cape Department of Environmental Affairs and Development Planning April 2002raquo
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
84
92 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
42 Guidelines for Golf Courses Golf Estates Polo Fields and Polo Estates in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
43 Guidelines for Resort Developments in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
44 Guideline on Biodiversity Offsets (Western Cape Department of Environmental Affairs amp Development Planning Provincial (Draft Edition 2) April 2007)
45 Practical Field Procedure for Identification and Delineation of Wetlands and Riparian Areas First Edition (Department of Water Affairs and Forestry First Edition September 2005)
46 Provincial Urban Edge Guideline (Western Cape Department of Environmental Affairs and Development Planning December 2005)
47 Ralston S and Williams Q CapeNatures Requirements and Recommendations with Respect to Appications for Environmenta Mining Agricuture Water and Planning-Related Authorisations
48 Red List Plant Species Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment) (June 2006)
49 Ridges Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment September 2001 as reviewed and updated in January 2004 and April 2006)
E Other References
50 Gibson RB Hassan S Holtz S Tansey J and Whitelaw G (2005) Sustainability Assessment - criteria processes and applications Earthscan
51 IAIA in cooperation with Institute of Environmental Assessment (1999) Principles of EIA Best Practice wwwiaiaorg
52 Canadian Environmental Assessment Agency 1994) Determining whether a project is likely to have significant adverse effects
53 Sadler B (1996) Environmental Assessment in a Changing World Evaluating Practice to Improve Performance (Final Report of the International Study of the Effectiveness of Environmental Assessment) Canadian Environmental Assessment Agency and International Association for Impact Assessment Ottawa Canada
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 NO33333 93
85
Annexes
Annex A Legal Matrix Annex B Checklist of questions to assist scoping of issues Annex C Activities and Impacts Matrix (Linear Development) Annex D Activities and Impacts Matrix (Agri-Industry) Annex E Activities and Impacts Matrix (Energy) Annex F Activities and Impacts Matrix (Large scale property development) Annex G Activities and Impacts Matrix (Social infrastructure)
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Section 2 Principles
assess the possible pollution impacts of a proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and environmental degradation and to rectify environmental damage
and the possible pollution impacts of a
proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and emiornmental degradation and to rectify environmental damage
~ 10f14 Z
9 Cil Cil Cil Cil Cil
Gl IreQuirement of environmental justice when o
infrastructure such as power ltpipelines (Section m
needs must be equHably lJ (section 2(2raquo)and where possible Z
ecosystems and the loss of $ Ibiodiversity must be avoided (Section m z
-I Gl
~ 9 m f8 c c z m 11 o o
lReasonable measures must event pollution and
envrornmental degradation and to rectify environmental damage
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
20f14
Organs of state that will probably need to be notified are the municipal planning auttxlrnles the Department of Mineral Resources the Department of Health the Department of Transport the Department of Environmental Affairs the Department of Water Affairs the Department of Science and Technology the National Nuclear Regulator and harnage auttxlrtties
are the municipal plamlng auttxlrnies Department of Agriculture Forestry and
Fisheries (national and provincial) the Department of Transport the Department of Environmental Affairs the Department of Human Settlements the Department of
IEnvironmental Affairs and hernage authorHles
considerations However c needs of people are being by social infrastructure
Idevelooment tt is likely that a greater degree involvement and consultation
be able to be exempt from showing lareas outside tMse zoned for industry given the and desirability as this may already have mor IImHed nature of their Impact on the ascertained environment and the fact that they would
~y be established on land outside the edge H Is possible that an exemption from
public participation requirements may be given
en ~ ~ en A o m ~ z -1 I) CO c C z iii I) o o
z ()
~ t) t)
CO cn
9
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
within the sphere of IIaiolla1 government (For example where the Department of Human Settlements is the applicant and the activity is the bulk
Itransportation of water to supply a new RDP development) In those cases the minister must authorise the activity 24C(2)(d))
are substantially similar lapplications for authorisation under different
the competent authority must enter agreement with the other authority requirements and avoid he deveiopers have chosen to
Deveiopment Faelaquoftation Act for their agrimiddotlndustry activity then the authority must enter Into a written
I wfth the Department of Rurat
Development and Land RelOrm and the Department of Human Settlements
g
z 0
30f14 (i) (i)
1Z (i)
(j) 0 ltm II Zs m Z -i (j) raquo N m ~
sim~ar m I) ()
t c Z m I) 0 I
0
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
40f14
63) confidential COmmerCial Information (Sections 64 and 66) information subject to a confidentiality -n~nn
agreement (Section 65) Information which n I may endanger Ine or property 66) information which is privileged
production in legal proceedings (Section 1d research Information (Section 69) does not protect records held by a
body if they contain evidence of SuOStantial norgt-compliance with the law or an imminent and serious public safety or environmental risk and the public interest in
outweighs the potential harm of (Section 70)
I
request the competent Identify any Information and maps
In terms of Section 24(3) of NEMA env~onmental management
Iframework) and any guidelines which the will take into account In (regulation 8(b)(ix)) The could refer the applicant
such as the water reserve and basic supply requirements
that has the potential 10 the decision of the competent must be disclosed on request
information is protected by law various types of information od from disclosure including
information Ipersonal Information (Section 63) (f) Ieet to a confidential commercial information
5ections 64 and 68) information subject to confidentiality agreement (Section 65) ~
which if disclosed may endanger
6 ~
property (Section 66) information is prMeged from production in legat
proceedingS (Section 67) and research m information (Section 69) PAIA does not II
records held by a private body if they raquo evidence of substantial norgt- Z
Icompliance wnh the law or an imminent and -1 public safety or environmentsl risk public Interest In disclosure res 5 the potential harm of disclosure c
I
70) C z iii IJ o o
z l
~ ~
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
should hold an environmental imanagement qualifICation and have I management qualification and have Imanagement qualifICation and have experieroe
rierte in conducting EIA processes The experience in conducting EtA processes The in conducting EIA processes The EAP should should have some knowledge of land EAP should have some knowledge of land have some knowfedge of land use planning and
planning and SDFs use planning SDFs and housing policy of the agricultural seclor
(0 Q)
z ~ vgt vgt vgt50 14 vgt vgt
G) Imanagement qualifICation and have o
~ieroe in conducting EIA processes lt EAP must be able to deal with a m
0parallel assassments for the same Zdifferent areas at the same time s
m z -i G)
~ 9 _m IJ (p
c C z m t5 o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
60f 14
must provide information which may affect the decision on whether or not to grant environmental authorisation and ~ so the condnions to be Imposed Including InfOrmationlCOndrons relevant to the crHeria to be taken into account information (listed in regulation 8) Whist to some extent dependent on the prOject this would include informalion regarding the proposed locality and separation distances from neighbouring communHies information regarding whelher SOCial reasons as well as ff measures can be the facilty wijj conslHute a Major Hazard taken 10 mttigale harm to lhe environment will Installation and regarding compliance wHh the be especially relevant for consideration Major Hazard installation regulations under the Availability of services for lhe development Occupational Health and Salety Act Energy and the Impact of those services (ie water
leney shculd be considered Air pollution consumption) wm be relevant waste issues will be parllcularly
(J)
~ ~ (J)
6 m II raquo Z -I
r8 c c z iii I) o o
z o
~ CW CW
10 10
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 No33333 89
81
References
A Environmental Impact Assessment Guidelines
Integrated Environmental Management - (Department of Environmental Affairs - formerly the Department of Environmental Affairs amp Tourism)
1 DEA T (2002) Screening Integrated Environmental Management Information Series 1 Department of Environmental Affairs Pretoria
2 DEAT (2002) Scoping Integrated Environmental Management Information Series 2 Department of Environmental Affairs Pretoria
3 DEAT (2002) Stakeholder Engagement Integrated Environmental Management Information Series 3 Department of Environmental Affairs Pretoria
4 DEAT (2002) Specialist Studies Integrated Environmental Management Information Series 4 Department of Environmental Affairs Pretoria
5 DEAT (2002) Impact Significance Integrated Environmental Management Information Series 5 Department of Environmental Affairs Pretoria
6 DEAT (2002) Ecological Risk Assessment Integrated Environmental Management Information Series 6 Department of Environmental Affairs Pretoria
7 DEAT (2004) Cumulative Effects Assessment Integrated Environmental Management Information Series 7 Department of Environmental Affairs Pretoria
8 DEAT (2004) Cost Benefit Analysis Integrated Environmental Management Information Series 8 Department of Environmental Affairs Pretoria
9 DEAT (2004) Life Cycle Assessment Integrated Environmental Management Information Series 9 Department of Environmental Affairs ampTourism Pretoria
10 DEAT (2004) Criteria for Determining Alternatives in EIA Integrated Environmental Management Information Series 11 Department of Environmental Affairs amp Tourism Pretoria
11 DEAT (2004) Environmental Management Plans Integrated Environmental Management Information Series 12 Department of Environmental Affairs amp Tourism Pretoria
12 DEAT (2004) Review in EIA Integrated Environmental Management Information Series 12 Department of Environmental Affairs amp Tourism Pretoria
13 DEAT (2004) Environmental Impact Reporting Integrated Environmental Management Information Series 15 Department of Environmental Affairs ampTourism Pretoria
14 DEAT (2007) Strategic Environmental Assessment Guideline Integrated Environmental Guideline Series 4 Department of Environmental Affairs amp Tourism Pretoria
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
90 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
82
15 DEAT (May 2006) General Guide to the EIA Regulations (Guideline 3) Department of Environmental Affairs amp Tourism Pretoria
16 DEAT (May 2006) Public participation (Guideline 4) in support of the EIA Regulations Department of Environmental Affairs amp Tourism Pretoria
17 DEAT (June 2006) Assessment of alternatives and impacts (Guideline 5) in support of the EIA Regulations Department of Environmental Affairs ampTourism Pretoria
Draft Guidelines NEMA Environmental Impact Assessment Regulations - Guidelines and Information Document Series (Western Cape Department of Environmental Affairs amp Development Planning)
18 Guideline on the Interpretation of the Listed Activities (November 2006)
19 Guideline on Alternatives (September 2006)
20 Guideline on Exemption Applications (September 2007)
21 Guideline on Appeals (September 2007)
22 Guideline on Public PartiCipation (September 2007)
23 Guideline on Transitional Arrangements (September 2007)
24 Guideline on Need and Desirability (May 2009)
Guidelines for Specialist Involvement in EIA Processes (Provincial Govemment of the Western Cape Department of Environmental Affairs and Development Planning)
25 Brownlie S 2005 Guideline for involving biodiversity specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 C Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
26 Saayrnan I 2005 Guideline for involving hydrogeologists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 D Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
27 Munster F 2005 Guideline for determining the scope of specialist involvement in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 A Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
28 Keatimilwe K and Ashton PJ 2005 Guideline for the review of specialist input in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 B Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
29 Winter S ampBaumann N 2005 Guideline for involving heritage specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 E Republic of South Africa Provincial
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 No33333 91
83
Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
30 Oberholzer B 2005 Guideline for involving visual ampaesthetic specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 F Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
31 Van Zyl HW de Wit MP amp Leiman A 2005 Guideline for involving economists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 G Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
B DWAF Water Use Authorisation External Guidelines
32 External Guideline Generic Water Use Authorisation Application Process
33 External Guideline Section 21(c) and (I) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
34 External Guideline Section 21(d) Water Use Authorisation Application Process (Stream Flow Reduction Activities)
C DWAF Water Use Authorisation Internal Guidelines
35 Internal Guideline Generic Water Use Authorisation Application Process
36 Internal Guideline Section 21(a) and (b) Water Use Authorisation Application Process (Taking andor Storing Water)
37 Internal Guideline Section 21(c) and (i) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
38 Internal Guideline Section 21 (e) (f) (g) (h) U Water Use Authorisation Application Process (Waste Discharge Related)
D Other Guidelines
39 Gauteng Mast Construction Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment)
40 Guideline on the Application of the EIA Regulations to Structures associated with Communication Networks (Western Cape Department of Environment and Cultural Affairs and Support Environmental Management Directorate EIA Guidelines Series September 2001)
41 Guidelines for Development on Mountains Hills and Ridges of the Western Cape (Western Cape Department of Environmental Affairs and Development Planning April 2002raquo
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
84
92 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
42 Guidelines for Golf Courses Golf Estates Polo Fields and Polo Estates in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
43 Guidelines for Resort Developments in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
44 Guideline on Biodiversity Offsets (Western Cape Department of Environmental Affairs amp Development Planning Provincial (Draft Edition 2) April 2007)
45 Practical Field Procedure for Identification and Delineation of Wetlands and Riparian Areas First Edition (Department of Water Affairs and Forestry First Edition September 2005)
46 Provincial Urban Edge Guideline (Western Cape Department of Environmental Affairs and Development Planning December 2005)
47 Ralston S and Williams Q CapeNatures Requirements and Recommendations with Respect to Appications for Environmenta Mining Agricuture Water and Planning-Related Authorisations
48 Red List Plant Species Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment) (June 2006)
49 Ridges Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment September 2001 as reviewed and updated in January 2004 and April 2006)
E Other References
50 Gibson RB Hassan S Holtz S Tansey J and Whitelaw G (2005) Sustainability Assessment - criteria processes and applications Earthscan
51 IAIA in cooperation with Institute of Environmental Assessment (1999) Principles of EIA Best Practice wwwiaiaorg
52 Canadian Environmental Assessment Agency 1994) Determining whether a project is likely to have significant adverse effects
53 Sadler B (1996) Environmental Assessment in a Changing World Evaluating Practice to Improve Performance (Final Report of the International Study of the Effectiveness of Environmental Assessment) Canadian Environmental Assessment Agency and International Association for Impact Assessment Ottawa Canada
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 NO33333 93
85
Annexes
Annex A Legal Matrix Annex B Checklist of questions to assist scoping of issues Annex C Activities and Impacts Matrix (Linear Development) Annex D Activities and Impacts Matrix (Agri-Industry) Annex E Activities and Impacts Matrix (Energy) Annex F Activities and Impacts Matrix (Large scale property development) Annex G Activities and Impacts Matrix (Social infrastructure)
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Section 2 Principles
assess the possible pollution impacts of a proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and environmental degradation and to rectify environmental damage
and the possible pollution impacts of a
proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and emiornmental degradation and to rectify environmental damage
~ 10f14 Z
9 Cil Cil Cil Cil Cil
Gl IreQuirement of environmental justice when o
infrastructure such as power ltpipelines (Section m
needs must be equHably lJ (section 2(2raquo)and where possible Z
ecosystems and the loss of $ Ibiodiversity must be avoided (Section m z
-I Gl
~ 9 m f8 c c z m 11 o o
lReasonable measures must event pollution and
envrornmental degradation and to rectify environmental damage
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
20f14
Organs of state that will probably need to be notified are the municipal planning auttxlrnles the Department of Mineral Resources the Department of Health the Department of Transport the Department of Environmental Affairs the Department of Water Affairs the Department of Science and Technology the National Nuclear Regulator and harnage auttxlrtties
are the municipal plamlng auttxlrnies Department of Agriculture Forestry and
Fisheries (national and provincial) the Department of Transport the Department of Environmental Affairs the Department of Human Settlements the Department of
IEnvironmental Affairs and hernage authorHles
considerations However c needs of people are being by social infrastructure
Idevelooment tt is likely that a greater degree involvement and consultation
be able to be exempt from showing lareas outside tMse zoned for industry given the and desirability as this may already have mor IImHed nature of their Impact on the ascertained environment and the fact that they would
~y be established on land outside the edge H Is possible that an exemption from
public participation requirements may be given
en ~ ~ en A o m ~ z -1 I) CO c C z iii I) o o
z ()
~ t) t)
CO cn
9
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
within the sphere of IIaiolla1 government (For example where the Department of Human Settlements is the applicant and the activity is the bulk
Itransportation of water to supply a new RDP development) In those cases the minister must authorise the activity 24C(2)(d))
are substantially similar lapplications for authorisation under different
the competent authority must enter agreement with the other authority requirements and avoid he deveiopers have chosen to
Deveiopment Faelaquoftation Act for their agrimiddotlndustry activity then the authority must enter Into a written
I wfth the Department of Rurat
Development and Land RelOrm and the Department of Human Settlements
g
z 0
30f14 (i) (i)
1Z (i)
(j) 0 ltm II Zs m Z -i (j) raquo N m ~
sim~ar m I) ()
t c Z m I) 0 I
0
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
40f14
63) confidential COmmerCial Information (Sections 64 and 66) information subject to a confidentiality -n~nn
agreement (Section 65) Information which n I may endanger Ine or property 66) information which is privileged
production in legal proceedings (Section 1d research Information (Section 69) does not protect records held by a
body if they contain evidence of SuOStantial norgt-compliance with the law or an imminent and serious public safety or environmental risk and the public interest in
outweighs the potential harm of (Section 70)
I
request the competent Identify any Information and maps
In terms of Section 24(3) of NEMA env~onmental management
Iframework) and any guidelines which the will take into account In (regulation 8(b)(ix)) The could refer the applicant
such as the water reserve and basic supply requirements
that has the potential 10 the decision of the competent must be disclosed on request
information is protected by law various types of information od from disclosure including
information Ipersonal Information (Section 63) (f) Ieet to a confidential commercial information
5ections 64 and 68) information subject to confidentiality agreement (Section 65) ~
which if disclosed may endanger
6 ~
property (Section 66) information is prMeged from production in legat
proceedingS (Section 67) and research m information (Section 69) PAIA does not II
records held by a private body if they raquo evidence of substantial norgt- Z
Icompliance wnh the law or an imminent and -1 public safety or environmentsl risk public Interest In disclosure res 5 the potential harm of disclosure c
I
70) C z iii IJ o o
z l
~ ~
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
should hold an environmental imanagement qualifICation and have I management qualification and have Imanagement qualifICation and have experieroe
rierte in conducting EIA processes The experience in conducting EtA processes The in conducting EIA processes The EAP should should have some knowledge of land EAP should have some knowledge of land have some knowfedge of land use planning and
planning and SDFs use planning SDFs and housing policy of the agricultural seclor
(0 Q)
z ~ vgt vgt vgt50 14 vgt vgt
G) Imanagement qualifICation and have o
~ieroe in conducting EIA processes lt EAP must be able to deal with a m
0parallel assassments for the same Zdifferent areas at the same time s
m z -i G)
~ 9 _m IJ (p
c C z m t5 o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
60f 14
must provide information which may affect the decision on whether or not to grant environmental authorisation and ~ so the condnions to be Imposed Including InfOrmationlCOndrons relevant to the crHeria to be taken into account information (listed in regulation 8) Whist to some extent dependent on the prOject this would include informalion regarding the proposed locality and separation distances from neighbouring communHies information regarding whelher SOCial reasons as well as ff measures can be the facilty wijj conslHute a Major Hazard taken 10 mttigale harm to lhe environment will Installation and regarding compliance wHh the be especially relevant for consideration Major Hazard installation regulations under the Availability of services for lhe development Occupational Health and Salety Act Energy and the Impact of those services (ie water
leney shculd be considered Air pollution consumption) wm be relevant waste issues will be parllcularly
(J)
~ ~ (J)
6 m II raquo Z -I
r8 c c z iii I) o o
z o
~ CW CW
10 10
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
90 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
82
15 DEAT (May 2006) General Guide to the EIA Regulations (Guideline 3) Department of Environmental Affairs amp Tourism Pretoria
16 DEAT (May 2006) Public participation (Guideline 4) in support of the EIA Regulations Department of Environmental Affairs amp Tourism Pretoria
17 DEAT (June 2006) Assessment of alternatives and impacts (Guideline 5) in support of the EIA Regulations Department of Environmental Affairs ampTourism Pretoria
Draft Guidelines NEMA Environmental Impact Assessment Regulations - Guidelines and Information Document Series (Western Cape Department of Environmental Affairs amp Development Planning)
18 Guideline on the Interpretation of the Listed Activities (November 2006)
19 Guideline on Alternatives (September 2006)
20 Guideline on Exemption Applications (September 2007)
21 Guideline on Appeals (September 2007)
22 Guideline on Public PartiCipation (September 2007)
23 Guideline on Transitional Arrangements (September 2007)
24 Guideline on Need and Desirability (May 2009)
Guidelines for Specialist Involvement in EIA Processes (Provincial Govemment of the Western Cape Department of Environmental Affairs and Development Planning)
25 Brownlie S 2005 Guideline for involving biodiversity specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 C Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
26 Saayrnan I 2005 Guideline for involving hydrogeologists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 D Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
27 Munster F 2005 Guideline for determining the scope of specialist involvement in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 A Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
28 Keatimilwe K and Ashton PJ 2005 Guideline for the review of specialist input in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 B Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
29 Winter S ampBaumann N 2005 Guideline for involving heritage specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 E Republic of South Africa Provincial
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 No33333 91
83
Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
30 Oberholzer B 2005 Guideline for involving visual ampaesthetic specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 F Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
31 Van Zyl HW de Wit MP amp Leiman A 2005 Guideline for involving economists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 G Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
B DWAF Water Use Authorisation External Guidelines
32 External Guideline Generic Water Use Authorisation Application Process
33 External Guideline Section 21(c) and (I) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
34 External Guideline Section 21(d) Water Use Authorisation Application Process (Stream Flow Reduction Activities)
C DWAF Water Use Authorisation Internal Guidelines
35 Internal Guideline Generic Water Use Authorisation Application Process
36 Internal Guideline Section 21(a) and (b) Water Use Authorisation Application Process (Taking andor Storing Water)
37 Internal Guideline Section 21(c) and (i) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
38 Internal Guideline Section 21 (e) (f) (g) (h) U Water Use Authorisation Application Process (Waste Discharge Related)
D Other Guidelines
39 Gauteng Mast Construction Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment)
40 Guideline on the Application of the EIA Regulations to Structures associated with Communication Networks (Western Cape Department of Environment and Cultural Affairs and Support Environmental Management Directorate EIA Guidelines Series September 2001)
41 Guidelines for Development on Mountains Hills and Ridges of the Western Cape (Western Cape Department of Environmental Affairs and Development Planning April 2002raquo
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
84
92 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
42 Guidelines for Golf Courses Golf Estates Polo Fields and Polo Estates in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
43 Guidelines for Resort Developments in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
44 Guideline on Biodiversity Offsets (Western Cape Department of Environmental Affairs amp Development Planning Provincial (Draft Edition 2) April 2007)
45 Practical Field Procedure for Identification and Delineation of Wetlands and Riparian Areas First Edition (Department of Water Affairs and Forestry First Edition September 2005)
46 Provincial Urban Edge Guideline (Western Cape Department of Environmental Affairs and Development Planning December 2005)
47 Ralston S and Williams Q CapeNatures Requirements and Recommendations with Respect to Appications for Environmenta Mining Agricuture Water and Planning-Related Authorisations
48 Red List Plant Species Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment) (June 2006)
49 Ridges Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment September 2001 as reviewed and updated in January 2004 and April 2006)
E Other References
50 Gibson RB Hassan S Holtz S Tansey J and Whitelaw G (2005) Sustainability Assessment - criteria processes and applications Earthscan
51 IAIA in cooperation with Institute of Environmental Assessment (1999) Principles of EIA Best Practice wwwiaiaorg
52 Canadian Environmental Assessment Agency 1994) Determining whether a project is likely to have significant adverse effects
53 Sadler B (1996) Environmental Assessment in a Changing World Evaluating Practice to Improve Performance (Final Report of the International Study of the Effectiveness of Environmental Assessment) Canadian Environmental Assessment Agency and International Association for Impact Assessment Ottawa Canada
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 NO33333 93
85
Annexes
Annex A Legal Matrix Annex B Checklist of questions to assist scoping of issues Annex C Activities and Impacts Matrix (Linear Development) Annex D Activities and Impacts Matrix (Agri-Industry) Annex E Activities and Impacts Matrix (Energy) Annex F Activities and Impacts Matrix (Large scale property development) Annex G Activities and Impacts Matrix (Social infrastructure)
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Section 2 Principles
assess the possible pollution impacts of a proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and environmental degradation and to rectify environmental damage
and the possible pollution impacts of a
proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and emiornmental degradation and to rectify environmental damage
~ 10f14 Z
9 Cil Cil Cil Cil Cil
Gl IreQuirement of environmental justice when o
infrastructure such as power ltpipelines (Section m
needs must be equHably lJ (section 2(2raquo)and where possible Z
ecosystems and the loss of $ Ibiodiversity must be avoided (Section m z
-I Gl
~ 9 m f8 c c z m 11 o o
lReasonable measures must event pollution and
envrornmental degradation and to rectify environmental damage
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
20f14
Organs of state that will probably need to be notified are the municipal planning auttxlrnles the Department of Mineral Resources the Department of Health the Department of Transport the Department of Environmental Affairs the Department of Water Affairs the Department of Science and Technology the National Nuclear Regulator and harnage auttxlrtties
are the municipal plamlng auttxlrnies Department of Agriculture Forestry and
Fisheries (national and provincial) the Department of Transport the Department of Environmental Affairs the Department of Human Settlements the Department of
IEnvironmental Affairs and hernage authorHles
considerations However c needs of people are being by social infrastructure
Idevelooment tt is likely that a greater degree involvement and consultation
be able to be exempt from showing lareas outside tMse zoned for industry given the and desirability as this may already have mor IImHed nature of their Impact on the ascertained environment and the fact that they would
~y be established on land outside the edge H Is possible that an exemption from
public participation requirements may be given
en ~ ~ en A o m ~ z -1 I) CO c C z iii I) o o
z ()
~ t) t)
CO cn
9
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
within the sphere of IIaiolla1 government (For example where the Department of Human Settlements is the applicant and the activity is the bulk
Itransportation of water to supply a new RDP development) In those cases the minister must authorise the activity 24C(2)(d))
are substantially similar lapplications for authorisation under different
the competent authority must enter agreement with the other authority requirements and avoid he deveiopers have chosen to
Deveiopment Faelaquoftation Act for their agrimiddotlndustry activity then the authority must enter Into a written
I wfth the Department of Rurat
Development and Land RelOrm and the Department of Human Settlements
g
z 0
30f14 (i) (i)
1Z (i)
(j) 0 ltm II Zs m Z -i (j) raquo N m ~
sim~ar m I) ()
t c Z m I) 0 I
0
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
40f14
63) confidential COmmerCial Information (Sections 64 and 66) information subject to a confidentiality -n~nn
agreement (Section 65) Information which n I may endanger Ine or property 66) information which is privileged
production in legal proceedings (Section 1d research Information (Section 69) does not protect records held by a
body if they contain evidence of SuOStantial norgt-compliance with the law or an imminent and serious public safety or environmental risk and the public interest in
outweighs the potential harm of (Section 70)
I
request the competent Identify any Information and maps
In terms of Section 24(3) of NEMA env~onmental management
Iframework) and any guidelines which the will take into account In (regulation 8(b)(ix)) The could refer the applicant
such as the water reserve and basic supply requirements
that has the potential 10 the decision of the competent must be disclosed on request
information is protected by law various types of information od from disclosure including
information Ipersonal Information (Section 63) (f) Ieet to a confidential commercial information
5ections 64 and 68) information subject to confidentiality agreement (Section 65) ~
which if disclosed may endanger
6 ~
property (Section 66) information is prMeged from production in legat
proceedingS (Section 67) and research m information (Section 69) PAIA does not II
records held by a private body if they raquo evidence of substantial norgt- Z
Icompliance wnh the law or an imminent and -1 public safety or environmentsl risk public Interest In disclosure res 5 the potential harm of disclosure c
I
70) C z iii IJ o o
z l
~ ~
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
should hold an environmental imanagement qualifICation and have I management qualification and have Imanagement qualifICation and have experieroe
rierte in conducting EIA processes The experience in conducting EtA processes The in conducting EIA processes The EAP should should have some knowledge of land EAP should have some knowledge of land have some knowfedge of land use planning and
planning and SDFs use planning SDFs and housing policy of the agricultural seclor
(0 Q)
z ~ vgt vgt vgt50 14 vgt vgt
G) Imanagement qualifICation and have o
~ieroe in conducting EIA processes lt EAP must be able to deal with a m
0parallel assassments for the same Zdifferent areas at the same time s
m z -i G)
~ 9 _m IJ (p
c C z m t5 o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
60f 14
must provide information which may affect the decision on whether or not to grant environmental authorisation and ~ so the condnions to be Imposed Including InfOrmationlCOndrons relevant to the crHeria to be taken into account information (listed in regulation 8) Whist to some extent dependent on the prOject this would include informalion regarding the proposed locality and separation distances from neighbouring communHies information regarding whelher SOCial reasons as well as ff measures can be the facilty wijj conslHute a Major Hazard taken 10 mttigale harm to lhe environment will Installation and regarding compliance wHh the be especially relevant for consideration Major Hazard installation regulations under the Availability of services for lhe development Occupational Health and Salety Act Energy and the Impact of those services (ie water
leney shculd be considered Air pollution consumption) wm be relevant waste issues will be parllcularly
(J)
~ ~ (J)
6 m II raquo Z -I
r8 c c z iii I) o o
z o
~ CW CW
10 10
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 No33333 91
83
Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
30 Oberholzer B 2005 Guideline for involving visual ampaesthetic specialists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 F Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
31 Van Zyl HW de Wit MP amp Leiman A 2005 Guideline for involving economists in EIA processes Edition 1 CSIR Report No ENV-S-C 2005 053 G Republic of South Africa Provincial Government of the Western Cape Department of Environmental Affairs amp Development Planning Cape Town
B DWAF Water Use Authorisation External Guidelines
32 External Guideline Generic Water Use Authorisation Application Process
33 External Guideline Section 21(c) and (I) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
34 External Guideline Section 21(d) Water Use Authorisation Application Process (Stream Flow Reduction Activities)
C DWAF Water Use Authorisation Internal Guidelines
35 Internal Guideline Generic Water Use Authorisation Application Process
36 Internal Guideline Section 21(a) and (b) Water Use Authorisation Application Process (Taking andor Storing Water)
37 Internal Guideline Section 21(c) and (i) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Water Course andor Altering the Bed Banks Course or Characteristics of a Water Course)
38 Internal Guideline Section 21 (e) (f) (g) (h) U Water Use Authorisation Application Process (Waste Discharge Related)
D Other Guidelines
39 Gauteng Mast Construction Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment)
40 Guideline on the Application of the EIA Regulations to Structures associated with Communication Networks (Western Cape Department of Environment and Cultural Affairs and Support Environmental Management Directorate EIA Guidelines Series September 2001)
41 Guidelines for Development on Mountains Hills and Ridges of the Western Cape (Western Cape Department of Environmental Affairs and Development Planning April 2002raquo
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
84
92 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
42 Guidelines for Golf Courses Golf Estates Polo Fields and Polo Estates in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
43 Guidelines for Resort Developments in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
44 Guideline on Biodiversity Offsets (Western Cape Department of Environmental Affairs amp Development Planning Provincial (Draft Edition 2) April 2007)
45 Practical Field Procedure for Identification and Delineation of Wetlands and Riparian Areas First Edition (Department of Water Affairs and Forestry First Edition September 2005)
46 Provincial Urban Edge Guideline (Western Cape Department of Environmental Affairs and Development Planning December 2005)
47 Ralston S and Williams Q CapeNatures Requirements and Recommendations with Respect to Appications for Environmenta Mining Agricuture Water and Planning-Related Authorisations
48 Red List Plant Species Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment) (June 2006)
49 Ridges Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment September 2001 as reviewed and updated in January 2004 and April 2006)
E Other References
50 Gibson RB Hassan S Holtz S Tansey J and Whitelaw G (2005) Sustainability Assessment - criteria processes and applications Earthscan
51 IAIA in cooperation with Institute of Environmental Assessment (1999) Principles of EIA Best Practice wwwiaiaorg
52 Canadian Environmental Assessment Agency 1994) Determining whether a project is likely to have significant adverse effects
53 Sadler B (1996) Environmental Assessment in a Changing World Evaluating Practice to Improve Performance (Final Report of the International Study of the Effectiveness of Environmental Assessment) Canadian Environmental Assessment Agency and International Association for Impact Assessment Ottawa Canada
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 NO33333 93
85
Annexes
Annex A Legal Matrix Annex B Checklist of questions to assist scoping of issues Annex C Activities and Impacts Matrix (Linear Development) Annex D Activities and Impacts Matrix (Agri-Industry) Annex E Activities and Impacts Matrix (Energy) Annex F Activities and Impacts Matrix (Large scale property development) Annex G Activities and Impacts Matrix (Social infrastructure)
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Section 2 Principles
assess the possible pollution impacts of a proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and environmental degradation and to rectify environmental damage
and the possible pollution impacts of a
proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and emiornmental degradation and to rectify environmental damage
~ 10f14 Z
9 Cil Cil Cil Cil Cil
Gl IreQuirement of environmental justice when o
infrastructure such as power ltpipelines (Section m
needs must be equHably lJ (section 2(2raquo)and where possible Z
ecosystems and the loss of $ Ibiodiversity must be avoided (Section m z
-I Gl
~ 9 m f8 c c z m 11 o o
lReasonable measures must event pollution and
envrornmental degradation and to rectify environmental damage
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
20f14
Organs of state that will probably need to be notified are the municipal planning auttxlrnles the Department of Mineral Resources the Department of Health the Department of Transport the Department of Environmental Affairs the Department of Water Affairs the Department of Science and Technology the National Nuclear Regulator and harnage auttxlrtties
are the municipal plamlng auttxlrnies Department of Agriculture Forestry and
Fisheries (national and provincial) the Department of Transport the Department of Environmental Affairs the Department of Human Settlements the Department of
IEnvironmental Affairs and hernage authorHles
considerations However c needs of people are being by social infrastructure
Idevelooment tt is likely that a greater degree involvement and consultation
be able to be exempt from showing lareas outside tMse zoned for industry given the and desirability as this may already have mor IImHed nature of their Impact on the ascertained environment and the fact that they would
~y be established on land outside the edge H Is possible that an exemption from
public participation requirements may be given
en ~ ~ en A o m ~ z -1 I) CO c C z iii I) o o
z ()
~ t) t)
CO cn
9
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
within the sphere of IIaiolla1 government (For example where the Department of Human Settlements is the applicant and the activity is the bulk
Itransportation of water to supply a new RDP development) In those cases the minister must authorise the activity 24C(2)(d))
are substantially similar lapplications for authorisation under different
the competent authority must enter agreement with the other authority requirements and avoid he deveiopers have chosen to
Deveiopment Faelaquoftation Act for their agrimiddotlndustry activity then the authority must enter Into a written
I wfth the Department of Rurat
Development and Land RelOrm and the Department of Human Settlements
g
z 0
30f14 (i) (i)
1Z (i)
(j) 0 ltm II Zs m Z -i (j) raquo N m ~
sim~ar m I) ()
t c Z m I) 0 I
0
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
40f14
63) confidential COmmerCial Information (Sections 64 and 66) information subject to a confidentiality -n~nn
agreement (Section 65) Information which n I may endanger Ine or property 66) information which is privileged
production in legal proceedings (Section 1d research Information (Section 69) does not protect records held by a
body if they contain evidence of SuOStantial norgt-compliance with the law or an imminent and serious public safety or environmental risk and the public interest in
outweighs the potential harm of (Section 70)
I
request the competent Identify any Information and maps
In terms of Section 24(3) of NEMA env~onmental management
Iframework) and any guidelines which the will take into account In (regulation 8(b)(ix)) The could refer the applicant
such as the water reserve and basic supply requirements
that has the potential 10 the decision of the competent must be disclosed on request
information is protected by law various types of information od from disclosure including
information Ipersonal Information (Section 63) (f) Ieet to a confidential commercial information
5ections 64 and 68) information subject to confidentiality agreement (Section 65) ~
which if disclosed may endanger
6 ~
property (Section 66) information is prMeged from production in legat
proceedingS (Section 67) and research m information (Section 69) PAIA does not II
records held by a private body if they raquo evidence of substantial norgt- Z
Icompliance wnh the law or an imminent and -1 public safety or environmentsl risk public Interest In disclosure res 5 the potential harm of disclosure c
I
70) C z iii IJ o o
z l
~ ~
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
should hold an environmental imanagement qualifICation and have I management qualification and have Imanagement qualifICation and have experieroe
rierte in conducting EIA processes The experience in conducting EtA processes The in conducting EIA processes The EAP should should have some knowledge of land EAP should have some knowledge of land have some knowfedge of land use planning and
planning and SDFs use planning SDFs and housing policy of the agricultural seclor
(0 Q)
z ~ vgt vgt vgt50 14 vgt vgt
G) Imanagement qualifICation and have o
~ieroe in conducting EIA processes lt EAP must be able to deal with a m
0parallel assassments for the same Zdifferent areas at the same time s
m z -i G)
~ 9 _m IJ (p
c C z m t5 o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
60f 14
must provide information which may affect the decision on whether or not to grant environmental authorisation and ~ so the condnions to be Imposed Including InfOrmationlCOndrons relevant to the crHeria to be taken into account information (listed in regulation 8) Whist to some extent dependent on the prOject this would include informalion regarding the proposed locality and separation distances from neighbouring communHies information regarding whelher SOCial reasons as well as ff measures can be the facilty wijj conslHute a Major Hazard taken 10 mttigale harm to lhe environment will Installation and regarding compliance wHh the be especially relevant for consideration Major Hazard installation regulations under the Availability of services for lhe development Occupational Health and Salety Act Energy and the Impact of those services (ie water
leney shculd be considered Air pollution consumption) wm be relevant waste issues will be parllcularly
(J)
~ ~ (J)
6 m II raquo Z -I
r8 c c z iii I) o o
z o
~ CW CW
10 10
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
84
92 No33333 GOVERNMENT GAZETTE 29 JUNE 2010
42 Guidelines for Golf Courses Golf Estates Polo Fields and Polo Estates in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
43 Guidelines for Resort Developments in the Western Cape (Western Cape Department of Environmental Affairs and Development Planning December 2005)
44 Guideline on Biodiversity Offsets (Western Cape Department of Environmental Affairs amp Development Planning Provincial (Draft Edition 2) April 2007)
45 Practical Field Procedure for Identification and Delineation of Wetlands and Riparian Areas First Edition (Department of Water Affairs and Forestry First Edition September 2005)
46 Provincial Urban Edge Guideline (Western Cape Department of Environmental Affairs and Development Planning December 2005)
47 Ralston S and Williams Q CapeNatures Requirements and Recommendations with Respect to Appications for Environmenta Mining Agricuture Water and Planning-Related Authorisations
48 Red List Plant Species Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment) (June 2006)
49 Ridges Guidelines (Gauteng Provincial Government Department of Agriculture Conservation and Environment September 2001 as reviewed and updated in January 2004 and April 2006)
E Other References
50 Gibson RB Hassan S Holtz S Tansey J and Whitelaw G (2005) Sustainability Assessment - criteria processes and applications Earthscan
51 IAIA in cooperation with Institute of Environmental Assessment (1999) Principles of EIA Best Practice wwwiaiaorg
52 Canadian Environmental Assessment Agency 1994) Determining whether a project is likely to have significant adverse effects
53 Sadler B (1996) Environmental Assessment in a Changing World Evaluating Practice to Improve Performance (Final Report of the International Study of the Effectiveness of Environmental Assessment) Canadian Environmental Assessment Agency and International Association for Impact Assessment Ottawa Canada
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 NO33333 93
85
Annexes
Annex A Legal Matrix Annex B Checklist of questions to assist scoping of issues Annex C Activities and Impacts Matrix (Linear Development) Annex D Activities and Impacts Matrix (Agri-Industry) Annex E Activities and Impacts Matrix (Energy) Annex F Activities and Impacts Matrix (Large scale property development) Annex G Activities and Impacts Matrix (Social infrastructure)
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Section 2 Principles
assess the possible pollution impacts of a proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and environmental degradation and to rectify environmental damage
and the possible pollution impacts of a
proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and emiornmental degradation and to rectify environmental damage
~ 10f14 Z
9 Cil Cil Cil Cil Cil
Gl IreQuirement of environmental justice when o
infrastructure such as power ltpipelines (Section m
needs must be equHably lJ (section 2(2raquo)and where possible Z
ecosystems and the loss of $ Ibiodiversity must be avoided (Section m z
-I Gl
~ 9 m f8 c c z m 11 o o
lReasonable measures must event pollution and
envrornmental degradation and to rectify environmental damage
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
20f14
Organs of state that will probably need to be notified are the municipal planning auttxlrnles the Department of Mineral Resources the Department of Health the Department of Transport the Department of Environmental Affairs the Department of Water Affairs the Department of Science and Technology the National Nuclear Regulator and harnage auttxlrtties
are the municipal plamlng auttxlrnies Department of Agriculture Forestry and
Fisheries (national and provincial) the Department of Transport the Department of Environmental Affairs the Department of Human Settlements the Department of
IEnvironmental Affairs and hernage authorHles
considerations However c needs of people are being by social infrastructure
Idevelooment tt is likely that a greater degree involvement and consultation
be able to be exempt from showing lareas outside tMse zoned for industry given the and desirability as this may already have mor IImHed nature of their Impact on the ascertained environment and the fact that they would
~y be established on land outside the edge H Is possible that an exemption from
public participation requirements may be given
en ~ ~ en A o m ~ z -1 I) CO c C z iii I) o o
z ()
~ t) t)
CO cn
9
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
within the sphere of IIaiolla1 government (For example where the Department of Human Settlements is the applicant and the activity is the bulk
Itransportation of water to supply a new RDP development) In those cases the minister must authorise the activity 24C(2)(d))
are substantially similar lapplications for authorisation under different
the competent authority must enter agreement with the other authority requirements and avoid he deveiopers have chosen to
Deveiopment Faelaquoftation Act for their agrimiddotlndustry activity then the authority must enter Into a written
I wfth the Department of Rurat
Development and Land RelOrm and the Department of Human Settlements
g
z 0
30f14 (i) (i)
1Z (i)
(j) 0 ltm II Zs m Z -i (j) raquo N m ~
sim~ar m I) ()
t c Z m I) 0 I
0
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
40f14
63) confidential COmmerCial Information (Sections 64 and 66) information subject to a confidentiality -n~nn
agreement (Section 65) Information which n I may endanger Ine or property 66) information which is privileged
production in legal proceedings (Section 1d research Information (Section 69) does not protect records held by a
body if they contain evidence of SuOStantial norgt-compliance with the law or an imminent and serious public safety or environmental risk and the public interest in
outweighs the potential harm of (Section 70)
I
request the competent Identify any Information and maps
In terms of Section 24(3) of NEMA env~onmental management
Iframework) and any guidelines which the will take into account In (regulation 8(b)(ix)) The could refer the applicant
such as the water reserve and basic supply requirements
that has the potential 10 the decision of the competent must be disclosed on request
information is protected by law various types of information od from disclosure including
information Ipersonal Information (Section 63) (f) Ieet to a confidential commercial information
5ections 64 and 68) information subject to confidentiality agreement (Section 65) ~
which if disclosed may endanger
6 ~
property (Section 66) information is prMeged from production in legat
proceedingS (Section 67) and research m information (Section 69) PAIA does not II
records held by a private body if they raquo evidence of substantial norgt- Z
Icompliance wnh the law or an imminent and -1 public safety or environmentsl risk public Interest In disclosure res 5 the potential harm of disclosure c
I
70) C z iii IJ o o
z l
~ ~
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
should hold an environmental imanagement qualifICation and have I management qualification and have Imanagement qualifICation and have experieroe
rierte in conducting EIA processes The experience in conducting EtA processes The in conducting EIA processes The EAP should should have some knowledge of land EAP should have some knowledge of land have some knowfedge of land use planning and
planning and SDFs use planning SDFs and housing policy of the agricultural seclor
(0 Q)
z ~ vgt vgt vgt50 14 vgt vgt
G) Imanagement qualifICation and have o
~ieroe in conducting EIA processes lt EAP must be able to deal with a m
0parallel assassments for the same Zdifferent areas at the same time s
m z -i G)
~ 9 _m IJ (p
c C z m t5 o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
60f 14
must provide information which may affect the decision on whether or not to grant environmental authorisation and ~ so the condnions to be Imposed Including InfOrmationlCOndrons relevant to the crHeria to be taken into account information (listed in regulation 8) Whist to some extent dependent on the prOject this would include informalion regarding the proposed locality and separation distances from neighbouring communHies information regarding whelher SOCial reasons as well as ff measures can be the facilty wijj conslHute a Major Hazard taken 10 mttigale harm to lhe environment will Installation and regarding compliance wHh the be especially relevant for consideration Major Hazard installation regulations under the Availability of services for lhe development Occupational Health and Salety Act Energy and the Impact of those services (ie water
leney shculd be considered Air pollution consumption) wm be relevant waste issues will be parllcularly
(J)
~ ~ (J)
6 m II raquo Z -I
r8 c c z iii I) o o
z o
~ CW CW
10 10
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
STAATSKOERANT 29 JUNIE 2010 NO33333 93
85
Annexes
Annex A Legal Matrix Annex B Checklist of questions to assist scoping of issues Annex C Activities and Impacts Matrix (Linear Development) Annex D Activities and Impacts Matrix (Agri-Industry) Annex E Activities and Impacts Matrix (Energy) Annex F Activities and Impacts Matrix (Large scale property development) Annex G Activities and Impacts Matrix (Social infrastructure)
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Section 2 Principles
assess the possible pollution impacts of a proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and environmental degradation and to rectify environmental damage
and the possible pollution impacts of a
proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and emiornmental degradation and to rectify environmental damage
~ 10f14 Z
9 Cil Cil Cil Cil Cil
Gl IreQuirement of environmental justice when o
infrastructure such as power ltpipelines (Section m
needs must be equHably lJ (section 2(2raquo)and where possible Z
ecosystems and the loss of $ Ibiodiversity must be avoided (Section m z
-I Gl
~ 9 m f8 c c z m 11 o o
lReasonable measures must event pollution and
envrornmental degradation and to rectify environmental damage
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
20f14
Organs of state that will probably need to be notified are the municipal planning auttxlrnles the Department of Mineral Resources the Department of Health the Department of Transport the Department of Environmental Affairs the Department of Water Affairs the Department of Science and Technology the National Nuclear Regulator and harnage auttxlrtties
are the municipal plamlng auttxlrnies Department of Agriculture Forestry and
Fisheries (national and provincial) the Department of Transport the Department of Environmental Affairs the Department of Human Settlements the Department of
IEnvironmental Affairs and hernage authorHles
considerations However c needs of people are being by social infrastructure
Idevelooment tt is likely that a greater degree involvement and consultation
be able to be exempt from showing lareas outside tMse zoned for industry given the and desirability as this may already have mor IImHed nature of their Impact on the ascertained environment and the fact that they would
~y be established on land outside the edge H Is possible that an exemption from
public participation requirements may be given
en ~ ~ en A o m ~ z -1 I) CO c C z iii I) o o
z ()
~ t) t)
CO cn
9
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
within the sphere of IIaiolla1 government (For example where the Department of Human Settlements is the applicant and the activity is the bulk
Itransportation of water to supply a new RDP development) In those cases the minister must authorise the activity 24C(2)(d))
are substantially similar lapplications for authorisation under different
the competent authority must enter agreement with the other authority requirements and avoid he deveiopers have chosen to
Deveiopment Faelaquoftation Act for their agrimiddotlndustry activity then the authority must enter Into a written
I wfth the Department of Rurat
Development and Land RelOrm and the Department of Human Settlements
g
z 0
30f14 (i) (i)
1Z (i)
(j) 0 ltm II Zs m Z -i (j) raquo N m ~
sim~ar m I) ()
t c Z m I) 0 I
0
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
40f14
63) confidential COmmerCial Information (Sections 64 and 66) information subject to a confidentiality -n~nn
agreement (Section 65) Information which n I may endanger Ine or property 66) information which is privileged
production in legal proceedings (Section 1d research Information (Section 69) does not protect records held by a
body if they contain evidence of SuOStantial norgt-compliance with the law or an imminent and serious public safety or environmental risk and the public interest in
outweighs the potential harm of (Section 70)
I
request the competent Identify any Information and maps
In terms of Section 24(3) of NEMA env~onmental management
Iframework) and any guidelines which the will take into account In (regulation 8(b)(ix)) The could refer the applicant
such as the water reserve and basic supply requirements
that has the potential 10 the decision of the competent must be disclosed on request
information is protected by law various types of information od from disclosure including
information Ipersonal Information (Section 63) (f) Ieet to a confidential commercial information
5ections 64 and 68) information subject to confidentiality agreement (Section 65) ~
which if disclosed may endanger
6 ~
property (Section 66) information is prMeged from production in legat
proceedingS (Section 67) and research m information (Section 69) PAIA does not II
records held by a private body if they raquo evidence of substantial norgt- Z
Icompliance wnh the law or an imminent and -1 public safety or environmentsl risk public Interest In disclosure res 5 the potential harm of disclosure c
I
70) C z iii IJ o o
z l
~ ~
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
should hold an environmental imanagement qualifICation and have I management qualification and have Imanagement qualifICation and have experieroe
rierte in conducting EIA processes The experience in conducting EtA processes The in conducting EIA processes The EAP should should have some knowledge of land EAP should have some knowledge of land have some knowfedge of land use planning and
planning and SDFs use planning SDFs and housing policy of the agricultural seclor
(0 Q)
z ~ vgt vgt vgt50 14 vgt vgt
G) Imanagement qualifICation and have o
~ieroe in conducting EIA processes lt EAP must be able to deal with a m
0parallel assassments for the same Zdifferent areas at the same time s
m z -i G)
~ 9 _m IJ (p
c C z m t5 o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
60f 14
must provide information which may affect the decision on whether or not to grant environmental authorisation and ~ so the condnions to be Imposed Including InfOrmationlCOndrons relevant to the crHeria to be taken into account information (listed in regulation 8) Whist to some extent dependent on the prOject this would include informalion regarding the proposed locality and separation distances from neighbouring communHies information regarding whelher SOCial reasons as well as ff measures can be the facilty wijj conslHute a Major Hazard taken 10 mttigale harm to lhe environment will Installation and regarding compliance wHh the be especially relevant for consideration Major Hazard installation regulations under the Availability of services for lhe development Occupational Health and Salety Act Energy and the Impact of those services (ie water
leney shculd be considered Air pollution consumption) wm be relevant waste issues will be parllcularly
(J)
~ ~ (J)
6 m II raquo Z -I
r8 c c z iii I) o o
z o
~ CW CW
10 10
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Section 2 Principles
assess the possible pollution impacts of a proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and environmental degradation and to rectify environmental damage
and the possible pollution impacts of a
proposed activity This is taken care of by the requirements of Section 24 and the EIA Regulations Reasonable measures must be taken to prevent pollution and emiornmental degradation and to rectify environmental damage
~ 10f14 Z
9 Cil Cil Cil Cil Cil
Gl IreQuirement of environmental justice when o
infrastructure such as power ltpipelines (Section m
needs must be equHably lJ (section 2(2raquo)and where possible Z
ecosystems and the loss of $ Ibiodiversity must be avoided (Section m z
-I Gl
~ 9 m f8 c c z m 11 o o
lReasonable measures must event pollution and
envrornmental degradation and to rectify environmental damage
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
20f14
Organs of state that will probably need to be notified are the municipal planning auttxlrnles the Department of Mineral Resources the Department of Health the Department of Transport the Department of Environmental Affairs the Department of Water Affairs the Department of Science and Technology the National Nuclear Regulator and harnage auttxlrtties
are the municipal plamlng auttxlrnies Department of Agriculture Forestry and
Fisheries (national and provincial) the Department of Transport the Department of Environmental Affairs the Department of Human Settlements the Department of
IEnvironmental Affairs and hernage authorHles
considerations However c needs of people are being by social infrastructure
Idevelooment tt is likely that a greater degree involvement and consultation
be able to be exempt from showing lareas outside tMse zoned for industry given the and desirability as this may already have mor IImHed nature of their Impact on the ascertained environment and the fact that they would
~y be established on land outside the edge H Is possible that an exemption from
public participation requirements may be given
en ~ ~ en A o m ~ z -1 I) CO c C z iii I) o o
z ()
~ t) t)
CO cn
9
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
within the sphere of IIaiolla1 government (For example where the Department of Human Settlements is the applicant and the activity is the bulk
Itransportation of water to supply a new RDP development) In those cases the minister must authorise the activity 24C(2)(d))
are substantially similar lapplications for authorisation under different
the competent authority must enter agreement with the other authority requirements and avoid he deveiopers have chosen to
Deveiopment Faelaquoftation Act for their agrimiddotlndustry activity then the authority must enter Into a written
I wfth the Department of Rurat
Development and Land RelOrm and the Department of Human Settlements
g
z 0
30f14 (i) (i)
1Z (i)
(j) 0 ltm II Zs m Z -i (j) raquo N m ~
sim~ar m I) ()
t c Z m I) 0 I
0
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
40f14
63) confidential COmmerCial Information (Sections 64 and 66) information subject to a confidentiality -n~nn
agreement (Section 65) Information which n I may endanger Ine or property 66) information which is privileged
production in legal proceedings (Section 1d research Information (Section 69) does not protect records held by a
body if they contain evidence of SuOStantial norgt-compliance with the law or an imminent and serious public safety or environmental risk and the public interest in
outweighs the potential harm of (Section 70)
I
request the competent Identify any Information and maps
In terms of Section 24(3) of NEMA env~onmental management
Iframework) and any guidelines which the will take into account In (regulation 8(b)(ix)) The could refer the applicant
such as the water reserve and basic supply requirements
that has the potential 10 the decision of the competent must be disclosed on request
information is protected by law various types of information od from disclosure including
information Ipersonal Information (Section 63) (f) Ieet to a confidential commercial information
5ections 64 and 68) information subject to confidentiality agreement (Section 65) ~
which if disclosed may endanger
6 ~
property (Section 66) information is prMeged from production in legat
proceedingS (Section 67) and research m information (Section 69) PAIA does not II
records held by a private body if they raquo evidence of substantial norgt- Z
Icompliance wnh the law or an imminent and -1 public safety or environmentsl risk public Interest In disclosure res 5 the potential harm of disclosure c
I
70) C z iii IJ o o
z l
~ ~
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
should hold an environmental imanagement qualifICation and have I management qualification and have Imanagement qualifICation and have experieroe
rierte in conducting EIA processes The experience in conducting EtA processes The in conducting EIA processes The EAP should should have some knowledge of land EAP should have some knowledge of land have some knowfedge of land use planning and
planning and SDFs use planning SDFs and housing policy of the agricultural seclor
(0 Q)
z ~ vgt vgt vgt50 14 vgt vgt
G) Imanagement qualifICation and have o
~ieroe in conducting EIA processes lt EAP must be able to deal with a m
0parallel assassments for the same Zdifferent areas at the same time s
m z -i G)
~ 9 _m IJ (p
c C z m t5 o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
60f 14
must provide information which may affect the decision on whether or not to grant environmental authorisation and ~ so the condnions to be Imposed Including InfOrmationlCOndrons relevant to the crHeria to be taken into account information (listed in regulation 8) Whist to some extent dependent on the prOject this would include informalion regarding the proposed locality and separation distances from neighbouring communHies information regarding whelher SOCial reasons as well as ff measures can be the facilty wijj conslHute a Major Hazard taken 10 mttigale harm to lhe environment will Installation and regarding compliance wHh the be especially relevant for consideration Major Hazard installation regulations under the Availability of services for lhe development Occupational Health and Salety Act Energy and the Impact of those services (ie water
leney shculd be considered Air pollution consumption) wm be relevant waste issues will be parllcularly
(J)
~ ~ (J)
6 m II raquo Z -I
r8 c c z iii I) o o
z o
~ CW CW
10 10
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
20f14
Organs of state that will probably need to be notified are the municipal planning auttxlrnles the Department of Mineral Resources the Department of Health the Department of Transport the Department of Environmental Affairs the Department of Water Affairs the Department of Science and Technology the National Nuclear Regulator and harnage auttxlrtties
are the municipal plamlng auttxlrnies Department of Agriculture Forestry and
Fisheries (national and provincial) the Department of Transport the Department of Environmental Affairs the Department of Human Settlements the Department of
IEnvironmental Affairs and hernage authorHles
considerations However c needs of people are being by social infrastructure
Idevelooment tt is likely that a greater degree involvement and consultation
be able to be exempt from showing lareas outside tMse zoned for industry given the and desirability as this may already have mor IImHed nature of their Impact on the ascertained environment and the fact that they would
~y be established on land outside the edge H Is possible that an exemption from
public participation requirements may be given
en ~ ~ en A o m ~ z -1 I) CO c C z iii I) o o
z ()
~ t) t)
CO cn
9
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
within the sphere of IIaiolla1 government (For example where the Department of Human Settlements is the applicant and the activity is the bulk
Itransportation of water to supply a new RDP development) In those cases the minister must authorise the activity 24C(2)(d))
are substantially similar lapplications for authorisation under different
the competent authority must enter agreement with the other authority requirements and avoid he deveiopers have chosen to
Deveiopment Faelaquoftation Act for their agrimiddotlndustry activity then the authority must enter Into a written
I wfth the Department of Rurat
Development and Land RelOrm and the Department of Human Settlements
g
z 0
30f14 (i) (i)
1Z (i)
(j) 0 ltm II Zs m Z -i (j) raquo N m ~
sim~ar m I) ()
t c Z m I) 0 I
0
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
40f14
63) confidential COmmerCial Information (Sections 64 and 66) information subject to a confidentiality -n~nn
agreement (Section 65) Information which n I may endanger Ine or property 66) information which is privileged
production in legal proceedings (Section 1d research Information (Section 69) does not protect records held by a
body if they contain evidence of SuOStantial norgt-compliance with the law or an imminent and serious public safety or environmental risk and the public interest in
outweighs the potential harm of (Section 70)
I
request the competent Identify any Information and maps
In terms of Section 24(3) of NEMA env~onmental management
Iframework) and any guidelines which the will take into account In (regulation 8(b)(ix)) The could refer the applicant
such as the water reserve and basic supply requirements
that has the potential 10 the decision of the competent must be disclosed on request
information is protected by law various types of information od from disclosure including
information Ipersonal Information (Section 63) (f) Ieet to a confidential commercial information
5ections 64 and 68) information subject to confidentiality agreement (Section 65) ~
which if disclosed may endanger
6 ~
property (Section 66) information is prMeged from production in legat
proceedingS (Section 67) and research m information (Section 69) PAIA does not II
records held by a private body if they raquo evidence of substantial norgt- Z
Icompliance wnh the law or an imminent and -1 public safety or environmentsl risk public Interest In disclosure res 5 the potential harm of disclosure c
I
70) C z iii IJ o o
z l
~ ~
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
should hold an environmental imanagement qualifICation and have I management qualification and have Imanagement qualifICation and have experieroe
rierte in conducting EIA processes The experience in conducting EtA processes The in conducting EIA processes The EAP should should have some knowledge of land EAP should have some knowledge of land have some knowfedge of land use planning and
planning and SDFs use planning SDFs and housing policy of the agricultural seclor
(0 Q)
z ~ vgt vgt vgt50 14 vgt vgt
G) Imanagement qualifICation and have o
~ieroe in conducting EIA processes lt EAP must be able to deal with a m
0parallel assassments for the same Zdifferent areas at the same time s
m z -i G)
~ 9 _m IJ (p
c C z m t5 o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
60f 14
must provide information which may affect the decision on whether or not to grant environmental authorisation and ~ so the condnions to be Imposed Including InfOrmationlCOndrons relevant to the crHeria to be taken into account information (listed in regulation 8) Whist to some extent dependent on the prOject this would include informalion regarding the proposed locality and separation distances from neighbouring communHies information regarding whelher SOCial reasons as well as ff measures can be the facilty wijj conslHute a Major Hazard taken 10 mttigale harm to lhe environment will Installation and regarding compliance wHh the be especially relevant for consideration Major Hazard installation regulations under the Availability of services for lhe development Occupational Health and Salety Act Energy and the Impact of those services (ie water
leney shculd be considered Air pollution consumption) wm be relevant waste issues will be parllcularly
(J)
~ ~ (J)
6 m II raquo Z -I
r8 c c z iii I) o o
z o
~ CW CW
10 10
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
within the sphere of IIaiolla1 government (For example where the Department of Human Settlements is the applicant and the activity is the bulk
Itransportation of water to supply a new RDP development) In those cases the minister must authorise the activity 24C(2)(d))
are substantially similar lapplications for authorisation under different
the competent authority must enter agreement with the other authority requirements and avoid he deveiopers have chosen to
Deveiopment Faelaquoftation Act for their agrimiddotlndustry activity then the authority must enter Into a written
I wfth the Department of Rurat
Development and Land RelOrm and the Department of Human Settlements
g
z 0
30f14 (i) (i)
1Z (i)
(j) 0 ltm II Zs m Z -i (j) raquo N m ~
sim~ar m I) ()
t c Z m I) 0 I
0
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
40f14
63) confidential COmmerCial Information (Sections 64 and 66) information subject to a confidentiality -n~nn
agreement (Section 65) Information which n I may endanger Ine or property 66) information which is privileged
production in legal proceedings (Section 1d research Information (Section 69) does not protect records held by a
body if they contain evidence of SuOStantial norgt-compliance with the law or an imminent and serious public safety or environmental risk and the public interest in
outweighs the potential harm of (Section 70)
I
request the competent Identify any Information and maps
In terms of Section 24(3) of NEMA env~onmental management
Iframework) and any guidelines which the will take into account In (regulation 8(b)(ix)) The could refer the applicant
such as the water reserve and basic supply requirements
that has the potential 10 the decision of the competent must be disclosed on request
information is protected by law various types of information od from disclosure including
information Ipersonal Information (Section 63) (f) Ieet to a confidential commercial information
5ections 64 and 68) information subject to confidentiality agreement (Section 65) ~
which if disclosed may endanger
6 ~
property (Section 66) information is prMeged from production in legat
proceedingS (Section 67) and research m information (Section 69) PAIA does not II
records held by a private body if they raquo evidence of substantial norgt- Z
Icompliance wnh the law or an imminent and -1 public safety or environmentsl risk public Interest In disclosure res 5 the potential harm of disclosure c
I
70) C z iii IJ o o
z l
~ ~
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
should hold an environmental imanagement qualifICation and have I management qualification and have Imanagement qualifICation and have experieroe
rierte in conducting EIA processes The experience in conducting EtA processes The in conducting EIA processes The EAP should should have some knowledge of land EAP should have some knowledge of land have some knowfedge of land use planning and
planning and SDFs use planning SDFs and housing policy of the agricultural seclor
(0 Q)
z ~ vgt vgt vgt50 14 vgt vgt
G) Imanagement qualifICation and have o
~ieroe in conducting EIA processes lt EAP must be able to deal with a m
0parallel assassments for the same Zdifferent areas at the same time s
m z -i G)
~ 9 _m IJ (p
c C z m t5 o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
60f 14
must provide information which may affect the decision on whether or not to grant environmental authorisation and ~ so the condnions to be Imposed Including InfOrmationlCOndrons relevant to the crHeria to be taken into account information (listed in regulation 8) Whist to some extent dependent on the prOject this would include informalion regarding the proposed locality and separation distances from neighbouring communHies information regarding whelher SOCial reasons as well as ff measures can be the facilty wijj conslHute a Major Hazard taken 10 mttigale harm to lhe environment will Installation and regarding compliance wHh the be especially relevant for consideration Major Hazard installation regulations under the Availability of services for lhe development Occupational Health and Salety Act Energy and the Impact of those services (ie water
leney shculd be considered Air pollution consumption) wm be relevant waste issues will be parllcularly
(J)
~ ~ (J)
6 m II raquo Z -I
r8 c c z iii I) o o
z o
~ CW CW
10 10
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
40f14
63) confidential COmmerCial Information (Sections 64 and 66) information subject to a confidentiality -n~nn
agreement (Section 65) Information which n I may endanger Ine or property 66) information which is privileged
production in legal proceedings (Section 1d research Information (Section 69) does not protect records held by a
body if they contain evidence of SuOStantial norgt-compliance with the law or an imminent and serious public safety or environmental risk and the public interest in
outweighs the potential harm of (Section 70)
I
request the competent Identify any Information and maps
In terms of Section 24(3) of NEMA env~onmental management
Iframework) and any guidelines which the will take into account In (regulation 8(b)(ix)) The could refer the applicant
such as the water reserve and basic supply requirements
that has the potential 10 the decision of the competent must be disclosed on request
information is protected by law various types of information od from disclosure including
information Ipersonal Information (Section 63) (f) Ieet to a confidential commercial information
5ections 64 and 68) information subject to confidentiality agreement (Section 65) ~
which if disclosed may endanger
6 ~
property (Section 66) information is prMeged from production in legat
proceedingS (Section 67) and research m information (Section 69) PAIA does not II
records held by a private body if they raquo evidence of substantial norgt- Z
Icompliance wnh the law or an imminent and -1 public safety or environmentsl risk public Interest In disclosure res 5 the potential harm of disclosure c
I
70) C z iii IJ o o
z l
~ ~
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should hold an environmental imanagement qualifICation and have I management qualification and have Imanagement qualifICation and have experieroe
rierte in conducting EIA processes The experience in conducting EtA processes The in conducting EIA processes The EAP should should have some knowledge of land EAP should have some knowledge of land have some knowfedge of land use planning and
planning and SDFs use planning SDFs and housing policy of the agricultural seclor
(0 Q)
z ~ vgt vgt vgt50 14 vgt vgt
G) Imanagement qualifICation and have o
~ieroe in conducting EIA processes lt EAP must be able to deal with a m
0parallel assassments for the same Zdifferent areas at the same time s
m z -i G)
~ 9 _m IJ (p
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Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
60f 14
must provide information which may affect the decision on whether or not to grant environmental authorisation and ~ so the condnions to be Imposed Including InfOrmationlCOndrons relevant to the crHeria to be taken into account information (listed in regulation 8) Whist to some extent dependent on the prOject this would include informalion regarding the proposed locality and separation distances from neighbouring communHies information regarding whelher SOCial reasons as well as ff measures can be the facilty wijj conslHute a Major Hazard taken 10 mttigale harm to lhe environment will Installation and regarding compliance wHh the be especially relevant for consideration Major Hazard installation regulations under the Availability of services for lhe development Occupational Health and Salety Act Energy and the Impact of those services (ie water
leney shculd be considered Air pollution consumption) wm be relevant waste issues will be parllcularly
(J)
~ ~ (J)
6 m II raquo Z -I
r8 c c z iii I) o o
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assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
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80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
should hold an environmental imanagement qualifICation and have I management qualification and have Imanagement qualifICation and have experieroe
rierte in conducting EIA processes The experience in conducting EtA processes The in conducting EIA processes The EAP should should have some knowledge of land EAP should have some knowledge of land have some knowfedge of land use planning and
planning and SDFs use planning SDFs and housing policy of the agricultural seclor
(0 Q)
z ~ vgt vgt vgt50 14 vgt vgt
G) Imanagement qualifICation and have o
~ieroe in conducting EIA processes lt EAP must be able to deal with a m
0parallel assassments for the same Zdifferent areas at the same time s
m z -i G)
~ 9 _m IJ (p
c C z m t5 o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
60f 14
must provide information which may affect the decision on whether or not to grant environmental authorisation and ~ so the condnions to be Imposed Including InfOrmationlCOndrons relevant to the crHeria to be taken into account information (listed in regulation 8) Whist to some extent dependent on the prOject this would include informalion regarding the proposed locality and separation distances from neighbouring communHies information regarding whelher SOCial reasons as well as ff measures can be the facilty wijj conslHute a Major Hazard taken 10 mttigale harm to lhe environment will Installation and regarding compliance wHh the be especially relevant for consideration Major Hazard installation regulations under the Availability of services for lhe development Occupational Health and Salety Act Energy and the Impact of those services (ie water
leney shculd be considered Air pollution consumption) wm be relevant waste issues will be parllcularly
(J)
~ ~ (J)
6 m II raquo Z -I
r8 c c z iii I) o o
z o
~ CW CW
10 10
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
60f 14
must provide information which may affect the decision on whether or not to grant environmental authorisation and ~ so the condnions to be Imposed Including InfOrmationlCOndrons relevant to the crHeria to be taken into account information (listed in regulation 8) Whist to some extent dependent on the prOject this would include informalion regarding the proposed locality and separation distances from neighbouring communHies information regarding whelher SOCial reasons as well as ff measures can be the facilty wijj conslHute a Major Hazard taken 10 mttigale harm to lhe environment will Installation and regarding compliance wHh the be especially relevant for consideration Major Hazard installation regulations under the Availability of services for lhe development Occupational Health and Salety Act Energy and the Impact of those services (ie water
leney shculd be considered Air pollution consumption) wm be relevant waste issues will be parllcularly
(J)
~ ~ (J)
6 m II raquo Z -I
r8 c c z iii I) o o
z o
~ CW CW
10 10
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
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shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
assessment of Iin the assessment process most significant lenvironmental impact (reg impacts are likely to include safety aspects of
nuclear energy the impact of air emissions from coal fired power stations carbon emissions and other greenhouse gases Cumulative Impacls of dealing ~h nuclear waste or the impact on climate change from carbon emissions should be described
Itechnological aspeels must be considered Hydro-electric schemes will have visual
well as major impacts on water biodiversity and local communities
LEGAL REQUIREMENTS
impacls part of the assessment process but the
most signifICant Impacts are likely to include land use management issues impact on provision of services and biodiversity
Avoiding the creation of too many hardened areas arOtind the properties would help
ntrol Where there will be a loss and where ecosystems are
construction purposes there opportunity to offset this ~h
rehab~atiOn elsewhere on the property
I There should be visual impact m~igation eg landscaping urban design guidelines public
non-motorised transport facil~ies to measures 10 promote
efficiency and efficient use of energy water resources to minimise the impact
provision of basic services
development is ecologically ISUSlalMaoie and promotes justifiable economic
development (see Constitution In order to assess desirability Need lIity will relate to the level of food
Iproductionsupply In the sector concerned
noise) and waste Water and energy efficient lid be put in place utilising
and best practice
70114
Report should evafuate extent to which the proposed development is ecologically sustainable and promotes justifiable economic and social development (see Constltutlon Section 24) in order to assess desirability Need lor certain infrastructure can be straightforward but w~h toll roads similar infrastructure need should still be considered
Impacts
pipes may around important
Igeographical or herHage features or habttats or ecosystems
0 0
Z ~ () () () () ()
GJ o lt m JJ Z ~ m z - GJ
~ 9 m [g L C Z m Il o o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
80t 14
Biodiversity sociio-economic and impact specialist studies are likely 0 en
~ ~ en IIi o m II raquo Z -1
~ c C z iii N o o
z o
~ w o
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998
Plan ostudy muSt contain all the Information necessary to understand the nature of the issues identified during scoplng including certain prescribed minimum requirements as described In the section
public and whether the evelopmerrt is suitable for
and socia reasons as well as if can be laken to m~igate harm to
eflllironment will be especially relevant for
study must contain all the Iinfonnalion necessary 10 undersland the
the issues identifl8d during scoping certain prescribed minimum
lteaUirements as described in the section
90f 14 I 0 IIl
Z ~ (I (I (I (I (I
G) o lt m II Zs m Z --I G)
~ 3 m II) (0
shyC Z m II) o o
Plan of study must contain all the on necessary to understand the the issues identified during including certain prescribed requirements as described in the
energy issues include pressure on The major issues include pressure on renewable sources public safety air pollution services and access and transport municipal services and access and transport and carbon emissions routes and environmental justice issues
Reproduced by Sabinet Online in terms of Government Printerrsquos Copyright Authority No 10505 dated 02 February 1998